UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


LAW  LIBRARY 


ft  ■      ' 


ANNOTATED  ACTS  OF  CONGRESS 


FIVE    CIVILIZED    TRIBES 

AND  THE 

OSAGE  NATION 


COMPILED   AND   ANNOTATED   BY 

C.  L.  THOMAS 

OF  THE  LAW  FIRM  OF  RAMSEY  AND  THOMAS 
MUSKOGEE,  OKLAHOMA 


PUBLISHED  BY 

E.  W.  STEPHENS  PUBLISHING  CO. 

COLUMBIA,  MISSOURI 

1913 


T' 


Copyright,  1913,  by 
C.  L.  Thomas 


hi 

w 


PREFACE 

The  book  herewith  presented  is  the  result  of  a  keenly  felt 
want  for  a  handy,  pocket  sized  volume  containing  a  compila- 
tion of  all  of  the  various  Acts  of  Congress  pertaining  to  the 
lands  and  affairs  of  the  Five  Civilized  Tribes  of  Indians  and 
the  Osage  Nation.  We  have  endeavored  to  supply  this  want. 
and  have  here  compiled  all  of  such  Acts  of  Congress,  com- 
mencing with  the  Act  of  1889  establishing  the  first  United 
States  Court  in  the  Indian  Territory.  We  have  then  set  forth 
all  subsequent  Acts,  parts  of  Acts,  Treaties  and  Agreements, 
of  more  than  mere  local,  temporary  or  individual  significance, 
pertaining  to  the  affairs  of  the  Five  Civilized  Tribes  and  the 
Osage  Nation,  which  have  been  passed  and  approved  up  to 
and  including  the  year  1912.  We  have  also  set  forth  the  laws 
of  descent  of  the  various  Indian  Tribes.  Each  Act  of  Con- 
gress, construed,  cited  or  referred  to,  has  been  carefully  anno- 
tated, the  annotations  covering  the  following  reports:  All  of 
the  decisions  of  the  Court  of  Appeals  for  the  Indian  Territory ; 
The  decisions  of  the  Supreme  Court  of  Oklahoma,  up  to  and 
including  Volume  33  of  the  Oklahoma  Reports,  and  Volume 
129  of  the  Pacific  Reporter;  The  decisions  of  the  United  States 
Courts  for  the  Eastern  District  of  Oklahoma  and  of  the  Circuit 
Court  of  Appeals  for  the  Eighth  Circuit,  up  to  and  including 
Volume  200  of  the  Federal  Reporter;  the  decisions  of  the 
Supreme  Court  of  the  United  States  up  to  and  including  Vol- 
ume 225  of  the  United  States  Reports.  We  have  had  in- 
serted at  the  conclusion  of  various  Acts,  blank  pages  to  permit 
of  further  annotations  by  one  sufficiently  interested.  We  be- 
lieve that  this  book  will  prove  to  be  a  time  and  labor  saver,  and 
trust  that  it  will  meet  with  the  approval  of  the  profession. 

Ramsey  and  Thomas 


TABLE   OF   CONTENTS. 


1871, 

Act  of 

March   1. 

(18 

Stat. 

L.    566) 

1S89, 

Act  of 

March    1 . 

(25 

Stat. 

L.    783) 

1890, 

Act  of 

May  2 .  . . 

(26 

Stat. 

L.    81) 

1895, 

Act  of 

March    1 . 

(28 

Stat. 

L.    693) 

1896, 

Act  of 

Feby.   8.  . 

(29 

Stat. 

L.    6) 

1897, 

Act  of 

Jany.   30. 

(29 

Stat. 

L.    506) 

1897, 

Act  of 

Feby.   3 .  . 

(29 

Stat. 

L.    510) 

1901, 

Act  of 

March    3. 

(31 

Stat. 

L.    1447) 

1902, 

Act   of 

Feby.   28. 

(32 

Stat.  : 

L.   443) 

1902, 

Act  of 

March  24 

(32 

Stat. 

L.    90) 

1902, 

Act  of 

May   19.. 

(32 

Stat. 

L.    200) 

1898, 

Act  of 

June  28 .  . 

(30 

Stat. 

L.    495) 

1898, 

Act  of 

June  28 .  . 

(30 

Stat. 

L.    505) 

1898, 

Act  of 

June  28 .  . 

(30 

Stat. 

L.    514) 

1901, 

Act   of 

March    1 . 

(31 

Stat. 

L.    861) 

1902, 

Act  of 

June  30. . 

(32 

Stat. 

L.    500) 

1898, 

Act  of 

July  1... 

(30 

Stat. 

L.    567) 

Page 
.No  Future  Treaties  with  Indians 1 

.United  States  Court  in  Indian  Terri- 
tory  Established 1 

.Laws  of  Arkansas  Extended  Over  the 
Indian   Territory    6 

.Indian  Territory  Judiciary  —  Liquor 
Law    19 

.Appeals  from  Indian  Territory  Courts     23 

.  Liquor  Law    23 

.Providing  for   Recording   of  Mortgages 

in  Indian  Territory   25 

.  Citizenship  Accorded  Indians   26 

.  Enid  and  Anadarko  Railway  Act 27 

.Change  of  Indian  Territory  Judicial 
Districts    43 

.Authorizing  Issuance  of  Bonds  by 
Cities  and  Towns  in  Indian  Territory    44 

.  Original  Curtis  Act  46 

.Atoka   Agreement    71 

.  Rejected  Creek  Agreement  90 

.Original  Creek  Agreement    100 

.Supplemental  Creek  Agreement   129 

.Seminole  Agreement  of  1897    H4 

(vii) 


viii  Table  of  Contents. 

Page 
1900,  Act  of  June  2 Seminole  Agreement  of  1899   150 

(31    Stat.    L.    250) 
1902,  Act  of  July   1 Supplemental  Choctaw  -  Chickasaw 

( 32   Stat.   L.   641 )  Agreement    152 

1902,  Act  of  July  1 . . .  .Cherokee   Agreement    192 

(32   Stat.    L.    716) 

1900,  Act  of  June  6. . . . Timber  and  Stone  Act  221 

(31    Stat.    L.    660) 

1903,  Act  of  Jany.  21 .  .Timber  and   Stone  Act    223 

(32    Stat.    L.    774) 

1903,  Act  of  Feby.    19.. Indian  Territory  Recording  Act    223 

(32    Stat.    L.    841) 

1904,  Act  of  March    11 .  Pipe  Line  Act    225 

(33    Stat.    L.    65) 

1904,  Act  of  April  28 ..  Authorizing   Segregation  of    Coal    and 
(33   Stat.   L.   544)           Asphalt    Lands    in    Choctaw-Chicka- 
saw Nations    227 

1904,  Act  of  April  28 ..  Additional  Judges  in  Indian  Territory 
(33    Stat.   L.   573)  — Arkansas    Probate   Laws   Extended 

to  Estates  of  Indians   229 

1906,  Act  of  April  26.. Later  Curtis  Act;  Providing  for  Dispo- 
(34   Stat.   L.    137)            sition  of  Affairs  of  the  Five  Civil- 
ized Tribes    231 

1906,  Act  of  March  2.  .Joint  Resolution,  Extending  Tribal  Ex- 

( 34    Stat.    L.    822 )  istence    258 

1907,  Act  of  March  2..  Providing  for  Relief  of  White  Persons 
(34    Stat.   L.    1220)  Intermarried     with     Cherokee    Citi-    , 

zens    258 

1908,  Act  of  May  27. ..  Providing  for  Removal  of  Restrictions 
(35    Stat.   L.    312)  from    Lands    of   Allottees     and     for 

Other   Purposes    259 

1908,  Act  of  May  29 ...  Providing  for  Segregation  of  Lands  for 
(35    Stat.   L.   444)            Townsite    Purposes — Sale    of    Unal- 
lotted   Lands    273 

1910,  Act  of  June   25..  Allowing  Appeals  in  Government  Land 

(36    Stat.    L.    836)  Suits    274 

1910,  Act   of   June   25 ..  Providing  for  Issuance  of  Deeds  after 

(36  Stat.  L.  855)  Death    of    Allottee    i. .   275 

1912,  Act  of  Feby.   1 9 ..  Providing  for  Sale  of  Surface  of  Seg- 
regated Coal  and  Asphalt  Lands   . . .  275 


Table  of  Contents.  ix 

EXTRACTS  FROM  APPROPRIATION  ACTS. 

Page 

1893,  Act  of    March    3..  (27   Stat.   L.     645)     281 

1894,  Act  of    Aug.    15...  (28   Stat.  L.     280)     284 

1895,  Act  of    March    2.  .  (28   Stat,  L.     87G)     284 

1895,  Act  of  March    2.  .  (28   Stat.  L.  399)     284 

1896,  Act  of  June    10..  .  (29   Stat.  L.  339)    285 

1897,  Act  of  June    7....  (30   Stat.   L.  83)     290 

1898,  Act  of  July    1 .  ...  (30   Stat.  L.  591)     293 

1899,  Act  of  March    1 .  .  ( 30   Stat.   L.  939)     294 

1900,  Act  of  May    31 .  .  .  (31   Stat.  L.  221)     294 

1901,  Act  of  March    3.  .  (31    Stat.  L.  1077)     299 

1902,  Act  of  May    27. . .  (32   Stat.  L.  245)     300 

1902,  Joint  Res.  May  27.  (32  Stat.   L.  742)  303 

1903,  Act  of  March    3.  .  (32  Stat.  L.  982)  304 

1904,  Act  of  April    21 .  .  (33  Stat.   L.  189)  306 

1905,  Act  of  March    3 .  .  ( 33  Stat.  L.  1048 )  310 

1906,  Act  of  June    21..  .  (34  Stat.  L.  325)  315 

1907,  Act  of  March    1.  ..(34  Stat.  L.  1015)  318 

1908,. Act  of  April    30..  (35  Stat.   L.  70)  319 

1909,  Act  of    March    3 .  .  ( 35  Stat.  L.  781 )  320 

1910,  Act  of    April    4...  (36  Stat.  L.  269)  322 

1911,  Act  of    March    3.  .  (36  Stat.  L.  1058)  322 

1912,  Act  of   Aug.   24.  .  .  (—  Stat.  L.  )  323 

LAWS  AFFECTING  THE  OSAGE  NATION. 

1905,  Act  of  March   3 . .  President   Authorized  to   Allot  Lands 
(33    Stat.   L.    1061)  of    Osage   Nation — Osage   Townsite 

Commission   Created    326 

1906,  Act  of  June  4 Osage  Recording  Act 329 

(34    Stat.    L.    208) 

1906,   Act   of  June  28.. Osage  Allotment  Act    330 

(34    Stat.    L.    539) 
1909,  Act  of  March  3 ..  Authorizing  Secretary  of  the  Interior 

(35    Stat.   L.    77)  to  Sell  Surplus  Lands   342 

1909,    February    27 Joint    Resolution     Relating     to    Home- 

( 35   Stat.   L.    1167 )  stead  Designations    342 

1911,  Act  of  March  3.. Osage  Civilization  Fund  to  be  Closed..   343 

(36    Stat.   L.    1062) 

INDIAN  LAWS  OF  DESCENT. 

Creek  Nation    344 

Choctaw   Nation    345 

Chickasaw   Nation 34G 

Cherokee    Nation    347 


TABLE   OF   CASES   CITED. 


(References  are  to  Pages.) 


A 

Adams  v.  Murphy,   165  Fed.  304;   47. 

Adkins  v.  Arnold,  32  Okla.  167,  121  Pac.  186;   13. 

Ainsley  v.  Ainsworth,  4   I.  T.  308,  69   S.  W.   884;   86. 

Alberty  v.  United  States,  162  U.  S.  500,  40  L.  Ed.  1051  ;  8. 

Alexander  v.  Rainey,  28  Okla.  518,  114  Pac.  710;  263. 

Alfrey  v.  Colbert,  7  I.  T.  338,  104  S.  W.  638,  168  Fed.  231;   137,  307. 

Allen  v.  Oliver,  31  Okla.  356,  121  Pac.  226;   195. 

Alluwe  Oil  Co.  v.  Shufflin,  32  Okla.  808,  124  Pac.  15;   217,  247,  262. 

Appolas  v.  Brady,  49  Fed.  401;   13. 

Archard  v.  Farris,  4  I.  T.   123,  69  S.  W.    821 ;   19. 

Ardmore  Coal  Co.  v.  Bevil,  61  Fed.  757;  13. 

Armstrong  v.  Wood,  195  Fed.   137;   68,  105,  120,  132,  292. 

Arnold  v.  Campbell,  3  1.  T.  552.  64  S.  W.  532;    13. 

Atoka  Coal  &  Mining  Co.  v.  Adams,  3  I.  T.  192,  53  S.  W.  539;   61,  62. 

Austin  v.  Chambers,  124  Pac.  310,  33  Okla.  40;   197. 

B 
Ballinger  v.  Frost,  216  U.  S.  240,  54  L.  Ed.  464;  87,  161,  178,  298,  305. 
Baker  v.  Hammett,  23  Okla.  480.  100  Pac.  1114;   129,  137,  141. 
Baker  v.  Marcum  &  Toomer,  22  Okla.  21,  97  Pac.  572;   58. 
Baker  v.  Newton,  27  Okla.  436,  112  Pac    1034;   13. 
Baldwin  v.  Farris,  2  I.  T.  438,  51  S.  W.  1077;  19. 
Bank  of  Grove  v.  Dennis,  30  Okla.  70.  118  Pac.  570;  13. 
Barnett  v.  Way.  29  Okla.  780,  119  Pac.  418;  53,  103,  105,  116,  120. 
Barnes  v.  Stonebreaker,  2S  Okla.  75,   113  Pac.  903;   106,  137. 
Barnsdall  v.  Owen,  200  Fed.  519;   217,  262. 
Bartlesville  Vitrified  Brick  Co.  v.  Barker,  26   Okla.   144,   109  Pac.   72; 

216. 
Barton  v.  Hulsey,  4  I.  T.  260,  69  S.  W.  868;   48,  67. 
Beck  v.  Jackson,  23  Okla.  812,   101  Pac.   1109;   87,   122. 
Bell  v.  Cook,  192  Fed.  597;   261,  262,  263,  264,  266. 
Berryhill's  Estate,  In  re,  7  I.  T.  593,  104  S.  W.  847;   314. 

(xi) 


xii  Table  of  Cases  Cited. 

Bettes  v.  Brower,  184  Fed.  342;   157,  201. 

Bickford  v.  Bruce,  21  Okla.  892,  97  Pac.  648;  314. 

Bilby  v.  Brown,   126   Pac.    1024;    120. 

Burton  v.  Platter,  53  Fed.  901;    13. 

Blackburn  v.  Muskogee  Land  Co.,  6  I.  T.  232,  91  S.  W.  31;  139. 

Blakemore  v.  Johnson,  24  Okla.  544,   103  Pac.  554;    103,   137,   139,  307. 

Bledsoe  v.  Wortman,  129  Pac.  841;   158,  194,  195,  196,  230,  298,  307. 

Bodle  v.  Shoenfelt,  22  Okla.  94,  97  Pac.  556;   141. 

Bohart  v.  Hull,  2  I.  T.  45,  47  S.  W.  306;  5. 

Bonner,  In  re,  57   Fed.   184;   3. 

Boudinot  v.  Boudinot,  1  I.  T.  107,  48  S.  W.  1019;  69,  8G. 

Boudinot  v-.  Morris,  26  Okla.  768,   110  Pac.  894;   259. 

Bowen  v.  Ledbetter,  32  Okla.  513,  122  Pac.  131;   87,  161. 

Bowling  v.  United  States,  191  Fed.  19;  27. 

Boyt  v.  Mitchell,  4  I.  T.  47,  64  S.  W.  610;   19. 

Brady  v.  Sizemore,  124  Pac.  615,  33  Okla.  109;   120,  132,  302,  303. 

Bragdon  v.  McShea,  26  Okla.  35,   107  Pac.  916;    137. 

Brann  v.  Bell,   192  Fed.  427;    120,   132. 

Brennan  v.  Shanks,  24  Okla.  563,  103  Pac.  705;   111. 

Bristow  v.   Caniger,  24   Okla.   325,   103   Pac.   596;    86. 

Brought  v.  Cherokee  Nation,  4  I.  T.  462,  69  S.  W.  937,   129  Fed.   192; 

48,  49,  50. 
Brown's  Estate,  In  re,  22  Okla.  216,  97  Pac.  613;   137. 
Brown  v.  Van  Meter,  62  Fed.  557; 
Brown  v.  Woolsey,  2  I.  T.  329,  51  S.  W.  965;   13. 
Bruner  v.  Ft.  Smith  &  W.  R.  Co.,  127  Pac.  700,  33  Okla.  711;  43. 
Bruner  v.  Sanders,  26   Okla.  673,   110  Pac.  730;    13,  53,   66,   106,   120, 

151,   160. 
Bruner  v.  United  States,  4  I.  T.  580,  76  S.  W.  244;   86. 
Burch  v.  United  States,  7  I.  T.  284,  104  S.  W.  619;   21. 
Burdett  v.  Burdett,  26  Okla.  416,   109  Pac.  922;    13. 
Buster  v.   Wright,   4   I.   T.   300,   69   S.   W.   882,  5   I.   T.   404,   82   S.   W 

855,  135  Fed.  947;  61,  111,  113,  124,  302. 

C 

Campbell  v.  McSpadden,   127   Pac.   854;   263,   307. 

Campbell  v.  Scott,  3  I.  T.  466,  58  S.  W.  719;   69. 

Capital  Townsite  Co.  v.  Fox,  6  I.  T.  223,  90  S.  W.  614;   111,   127. 

Capps  v.  Hensley,  23   Okla.  311,   100  Pac.  515;    122. 

Carter,  Ex  parte,  4  I.  T.  539,  76  S.  W.  102;   302. 

Carter  v.  United  States,  1  I.  T.  342,  37  S.  W.  204;   5,  13. 

Castell  v.  McNeely,  4  I.  T.  11,  64  S.  W.  594;  48,  49,  289. 

Chapman  v.  Siler,  30  Okla.  714,  120  Pac.  608;  53,  139,  247. 

Checote  v.  Hardridge,  123  Pac.  846;    106,  120. 


Table  of  Casks  Cited.  xiii 

Cherokee  Nation  v.  Hitchcock,  187  U.  S.  299,  47  L.  Ed.  183;   1,  53,  56, 

61,  283,  285,  289. 
Cherokee  Nation  v.  Whitmire,  223  U.   S.   108,  56  L.  Ed.  370;   66. 
Choate  v.  Trapp,  28  Okla.  517,  114  Pac.  709,  224  U.  S.  665,  56  L.  Ed. 

941  ;   87,  155,  156,   157,  158,  261,  263. 
Chouteau  v.  Chouteau,  25  Okla.  426,   106   Pac.   854;    314. 
Clairmont  v.  United  States,  225  U.  S.  551,  56  L.  Ed.  1201;  24. 
Clawson  v.  Cottingham,  125  Pac.  1114;   337. 

Coal  &  Improvement  Co.  v.  McBride,  3  I.  T.  223,  54  S.  W.  1099;  61. 
Coachman  v.   Sims,   129  Pac.  S45;   106. 
Cochran  v.  Hocker,   124  Pac.   953;   58,  60,   111. 
Coombs  v.  Miller,  24  Okla.  576.  103  Pac.  590;   159,  160. 
C.  O.  &  G.  K.  Co.  v.  Bond,  6  I.  T.  515,  98   S.  W.  335;   43. 
C.  O.  &  G.  R.  Co.  v.  Loper,  6  I.  T.  432,  98  S.  W.  150;  13,  19. 
Cornelius  v.  Murray,  31   Okla.   174,  120  Pac.  653;   159,  163. 
Cowles  v.  Lee,  128  Pac.  688;  247. 
Crabtree  v.  Madden,  54  Eed.   426;   5. 
Crowell  v.  Young,  4  I.  T.  36.   148,  64  S.  W.  607,  69  S.  W.  829;   5,   13, 

292. 
Curlee,  Ex  parte,  20  Okla.  192,  95  Pac.  414;   15. 

D 

Daniels  v.  Miller.  4  I.  T.  426,  69  S.  W.  925;  48,  49,  50. 

Daniels  v.  Taylor,   145  Eed.   169. 

Davis  v.  Selby  Oil  &  Gas  Co.,  128  Pac.  1083;   139. 

Davis   Estate,   In   re.   32   Okla.   209,   122   Pac.   547;    5,   13   87,    137,   155, 

157,  230.  233,  234,  246,  247,  249,  261,  283,  289,  307. 
Dawes  v.  Benson.  5  I.  T.  50,  82  S.  W.  1141;  168,  169,  171. 
Dawes  v.  Cundiff,  5  I.  T.  47,  82  S.  W.  228;   168,  169,  171. 
DeGraffenried  v.  Towa  Land  &  Trust  Co.,  20   Okla.   687,   95   Pac.   624; 

53,  86,  105,  106,   116,  120,  234,  285,  292,  302,  303. 
Delaware  Indians  v.  Cherokee  Indians,  193  U.  S.,  48  L.  Ed.  646 ;  68,  199. 
Delk's  Estate.  In  re,  2  I.  T.  572,  52  S.  W.  52;   13. 
Iteming   Investment   Co.    v.    United    States,   224   U.    S.    471,   56   L.    Ed. 

847;   149,  274,  307. 
Dennee  v.   Cromer,    114   Fed.   623;    17,   58. 
Dennis  v.  McCoy,  4  I.  T.  233,  69  S.  W.  858;   19. 
Denton  v.  Capital  Townsite  Co.,  5  I.  T.  396,  82  S.  W.  852;  62. 
Denver,    W.    &    M.    Ey.    Co     v.   Adkinson,  28   Okla.    1,   119   Pac.   247; 

43,  161. 
DeWalt  v.  Cline,  128  Pac.   121 ;   266. 

Dick  v.  Ross,  6  I.  T.  85,  89  S.  W.  664;   66,  198,  283,  285,  289,  292. 
Dickson,  Ex  parte,  4  I.  T.  481,  69  S.  W.  943;   18. 


xiv  Table  of  Cases  Cited. 

Divine  v.  Harmon,  30  Okla.  820,  121   Pac.  219;   53,   105,   100,   120,  28!), 

292. 
Dukes  v.  Goodall,  5  I.  T.  145,  82  S.  W.  702;  289. 
Dukes  v.  McKenna,  4  I.  T.   150,  69  S.  W.  832;    1. 

E 

Eastern   Cherokees   v.   United   States,   225   U.   S.   572,   50   L.    Ed.    1212; 

215,  305. 
Eberle  v.  King.  20  Okla.  49,  93  Pac.  748;  21,  46,  319. 
Eddy  v.  LaEayette,  49  Fed.   798;    13. 
Eldred  v.  Okmulgee  Loan  &  Trust  Co.,  22  Okla.  742,  98  Pac.  929;   106, 

111,    113,    124,   137,   139,   307. 
Ellis  v.   Eitzpatrick,    118   Fed.   430;    71. 
Elliott  v.  Garvin,   166  Fed.  278;   87. 

England  Bros.  v.  Young,  26  Okla.  494,  110  Pac.  895;   13. 
Engleman  v.  Cable,  4  I.  T.  236,   69  S.  W.   894;    13. 
English  v.  Richardson,  224  U.  S.  680,  56  L.  Ed.  949;  137,  263. 
Evans  v.   Victor,   199   Fed.   504;    24. 
Evans-Snider-Buel  v.  McFadden,  105  Fed.  293,  185  U.  S.  505,  46  L.  Ed. 

1012;    13,  25. 
Evarts  v.  Town  of  Bixby,  24  Okla.   176,  103  Pac.  621;   17. 

F 

Fawcett  v.  Hill,  29  Okla.  461,  118  Pac.  132;  102,  103,  111,  112. 
Feland's  Estate,  In  re,  20  Okla.  448,  110  Pac.  736;  87,  230,  292. 
First   National   Bank   of  Vinita   v.   First   National   Bank   of   Pryor,   24 

Okla.  140,  103  Pac.  685;   17. 
First  National   Bank  of  Holdenville  v.  Jacobs,  26   Okla.   840,   111   Pac. 

303;   314. 
Fleming  v.  McCurtain,  215  U.  S.  56,  54  L.  Ed.  8;   53,  54,  66,  87,   165, 

232. 
Foreman  v.  M,  V.  By.  Co.,  7  I.  T.  478,  104  S.  W.  806;  13. 
Fraer  v.  Washington,  125  Fed.  280;   60,  61. 

Frame  v.  Bivens,  189  Fed.  785;   153,   157,  158,   161,  188,  246,  307. 
Frank    Oil    Co.    v.    Belleview    Oil  &   Gas   Co.,  29   Okla.   719,   119   Pac. 

260;    13. 
Frazee,  In  re,  3  I.  T.  590,  64  S.  W.  545;   69. 
Fritz  v.  Brown,  20  Okla.   266,  95  Pac.  437;   223. 

G 

Gardner,  County  Judge,  v.  State,  27  Okla.   1,  110  Pac.  749;   268. 
Gann  v.  Ball,  26  Okla.  26,   110  Pac.   1067;    13. 
Garfield  v.  Allison,  211   U.   S.  264;    161. 


Table  of  Cases  Cited.  xv 

Garfield  v.  Goldsby,   211   U.  S.   249,  52  L.  Ed.   168;   53,   161,   166,   168, 

232,  289,  299. 
Garrett  v.  American  Baptist  Home  Mission  Society,  29  Okla.  272;    116 

Pae.  921;  103,  117. 
Garrett  v.  Wolcott,  25  Okla.  574,  106  Pac.  848;   87,  105. 
George  v.  Piobb,  4  I.  T.  61,  64  S.  W.  615;   68,  69. 
Gill  v.  Haggerty,  32  Okla.  407,   122  Pac.  641;   262. 
Gleason  v.  Wood,  28  Okla.  502,  114  Pac.  703,  224  U.  S.  679,  56  L.  Ed. 

047;   87.  261,  263. 
Glenn-Tucker  v.  Clayton,  4  I.  T.  511,  70  S.  W.  8;   19. 
Glenn  v.  City  of  Ardmore,  122  Pac.  658,  32  Okla.  415;   13. 
Glover  v.  United  States,  6  I.  T.  269,  91   S.  W.  41;    15. 
Goat  v.   United  States,  224   U.   S.   458,   56   L.   Ed.   841;    149,   234,   235, 

247,  255,  258,  283,  305,  307,  314. 
Godfrey  v.  Iowa  Land  &  Trust  Co.,  21  Okla.  293,  95  Pac.  792;  27,  149, 

246,  283,  307. 
Good  v.  Keel,  29  Okla.   325,   116  Pac.  777;   250. 
Gooding  v.  Watkins,  5  I.  T.   578,  82   S.'W.   913;    159,   161,   187. 
Goodrum   v.   Buffalo,   162   Fed.   817;    27. 
Gowen  v.  Harley,   56  Fed.   973;   2. 
Grady  v.  Newman,  1  I.  T.  284,  37  S.  W.  54;  23. 
Graham  v.  Stowe,  1  I.  T.  405,  37  S.  W.  837;   13. 
Grayson,  In  re,  3  I.  T.  499,  61  S.  W.  984;   13. 
Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928;   193,  194,  197,  201,  202, 

203,  204,  214,  215,  232,  233,  255,  258,  317. 
Groom  v.  Wright,  30  Okla.  652,   121   Pac.  215;    105,  106,  120,  124,   137, 

139,  246,  247,  264,  307. 
Ground  v.  Dingman,  127  Pac.  1078,  33  Okla.  760;   66,  120. 
Gulf  C.  &  S.  F.  Ey.  Co.  v.  James,  48  Fed.  148. 
Gulf  C.  &  S.  F.  Ry.  Co.  v.  Washington,  49  Fed.  347 . 

H 

Hales  v.  Zander,  24  Okla.  246,  103  Pac.   669;   25. 

Hancock  v.   Mutual  Trust  Co.,   24   Okla.   391,   103   Pac.   566;    155,   156, 

157,  160,  165. 
Hanks  v.  Hendricks,  3  I.  T.  423,  58  S.  W.  669;  292. 
Hargrove  v.  Cherokee  Nation,  3  I.  T.  479,  58  S.  W.  667;  46. 
Hargrove  v.  Cherokee  Nation,  4  I.  T.  129,  69  S.  W.  823,  129  Fed.  186; 

47,  48,  49,  50. 
Hampton  v.  Mayes,  4  I.  T.  503,  69  S.  W.  1115;  86. 
Harris  v.  Hardridge,  7  I.  T.  532,  104  S.  W.  826,  166  Fed.  109;  53,  106, 

137,  307. 
Hartshorne,  Town   of,   v.   Town   of  Haileyville,  24  Okla.   775,    104  Pac. 

49;  58,  60,  178. 


xvi  Table  of  Cases  Cited. 

Harper  v.   Kelly,   29   Okla.   809,    120  Pac.   293;    87,    137. 

Harris  v.  Lynde-Bowman-Darby  Co.,  29  Okla.   362,   11G   Pac.   808;    307. 

Harris  v.  Gale,   188  Fed.  712;   249,  268. 

Harless  v.  United  States,  88  Fed.  97;   3,  22. 

Hawkins  v.  Okla.  Oil   Co.,   195  Fed.   345 ;    101,   102,   103,   104,   106,   116, 

120,  307. 
Hawkins  v.  Stevens,  21  Okla.  S49,  97  Pac.  567;  132,  230. 
Hayes  v.  Barringer,  7  T.  T.  697,   104  S.  W.  937,   168  Fed.  221 ;   69,  86, 

155,  157,  160,  230,  292. 
Heckman  v.  United  States,  224  U  S.  413,  50  L.  Ed.  820;   53,  137,  194, 

195,  214,  246,  249,  258,  261,  283,  289,  293. 
Hegler  v.  Faulkner,  153  U.  S.  107,  38  L.  Ed.  653;  263. 
Heliker-Jarvis  Seminole  Co.  v.  Lincoln,  126  Pac.  723,  33  Okla.  425;   68, 

69,   151. 
Hendrix  v.  United  States,  219  U.  S.  79,  55  L.  Ed.  102. 
Henry  Gas  Co.  v.  United  States,  191  Fed.  132;  194,  232,  261,  266,  317. 
Higgins  v.  Brown,  20  Okla.  355,  94  Pac.  703;   14,  15. 
Hooks  v.  Kennard,  28  Okla.  457,  114  Pac.  744;   66,  120,  133,  134. 
Hockett  v.  Alston,  3  I.  T.  441,  58  S.  W,  675;   60. 
Hoteyabi  v.  Vaughn,  32  Okla.  807,   124  Pac.  63;   160. 
Howard  v.  Farrar,  28  Okla.  490,   114  Pac.   695;   87,   157. 
Hubbard  v.   Chism,   5  I.  T.   95,  82   S.  W.   686;   61. 
Hugbes  Land  Co.  v.  Bailey,  30  Okla.  194,  120  Pac.  290;   132. 


Ikard  v.  Minter,  4  I.  T.  214,  69  S.  W.  852;   66,  295. 

Indian  Land  &  Trust  Co.  v.  Fears,  22  Okla.  681,  98  Pac.  904;    141. 

Indian  Land  &  Trust  Co.  v.  Shoenfelt,  5  I.  T.  41,  79   S.  W.   134;    122, 

141. 
Insurance  Co.  v.  Kearney,  1  I.  T.  328,  37  S.  W.  143;  19. 
International   Land   Co.   v.   Marshall,   22   Okla.   693,   98   Pac.   951;    103, 

137,  139,  307. 
International     Bank    of    Coalgate    v.    Mullen.    30    Okla.    547,    120   Pac. 

257;   13. 
Irving  v.  Diamond,  23  Okla.  325,  100  Pac.  557;  120,  132. 


Jefferson  v.   Winkler,  26  Okla.   653,   110  Pac.   755;    103,   106,   137,  248, 

261,  266,  307. 
Jennings  v.  Wood,  192  Fed.  507;  217,  247. 
Johnson,  Ex  parte,  167  U.  S.  119,  42  L.  Ed.  103;   3,  15. 
Joiner  v.  Ardmore  Loan  &  Trust  Co.,  124  Pac.  1073,  33  Okla.  266;  246. 
Jones  v.  Baer,  149  U.  S.    37  L.  Ed.  947;   5. 


Table  of  Cases  Cited.  xvii 

K 

Keel  v.  Ingersol,  27  Okla.   117,   111  Pac.  214;    13,   155,  157. 

Kelly  v.  McCombs,  23  Okla.  867,   102  Pac.   186;   314. 

Kelly  v.  Harper,  7  I.  T.  541,  104  S.  W.  829;   86,  157. 

Kelman  v.  Kennedy,  31  Okla.  61,  119  Pac.  1000;   111,  112,  113. 

Keys  v.  First  National  Bank,  22  Okla.   174,   104  Pac.  346;   302. 

Kimberlin  v.  Commission,  3  I.  T.  24,  53  S.  W.  467,  104  Fed.  653;    13, 

66,  283,  285,  289,  292. 
Kirkpatrick  v.  Burgess,  29  Okla.  121,  116  Pac.  764;   261,  266. 

L 
Lamb  v.  Baker,  27  Okla.  739,  117  Pac.  189;   106,  120,  129,  132,  133. 
Landrum  v.  Graham,  22  Okla.  458,  98  Pac.  432;   195,  307. 
Laurel  Oil  &  Gas  Co.  v.  Morrison,  212  U.  S.  291,  53  L.  _Ed.  517;   3,  22. 

314. 
Lawles  v.  Raddis,   129  Pac.  711;  263,  317. 
Leak  v.  Joslin,  20  Okla.  200,  94  Pac.  518;   2,   111. 
Leak  Glove  Manufacturing  Co.  v.  Needles,  69  Fed.  68;   13. 
Lewis  v.  Clements,  21  Okla.  167,  95  Pac.  769;  86,  157,  307. 
Lewis  v.  Sittle,  7  I.  T.  602,   104  S.  W.  850,  165  Fed.   157;   22,  314. 
Lewis  v.  Sittle,  30  Okla.  530,  121  Pac.   1078;  47,  48,  49,  50,  51,  58,  60, 

314. 
Ligon  v.  Johnson,  164  Fed.  670;   232,  283. 
Lipscomb  v.  Allen,  23  Okla.  818,  102  Pac.  86;   87. 
Lone  Wolf  v.  Hitchcock,   187  U.  S.  556,  47  L.  Ed.  299;   1,  299. 
Lowe  v.   Fisher,  223  U.   S.  95,  56   L.  Ed.   364;    66,  202,  203,   232,  233, 

283,  289,  298,  299,  314. 
Licas  v.  United  States,  163  U.  S.  613,  41  L.  Ed.  282;   8. 
Luce  v.  Garrett,  4  I.  T.  54,  64  S.  W.  613;   13. 
Lynch  v.  Harris,  124  Pac.  50,  33  Okla.  23,  36;   160,  161,   193,  198,  213, 

214,  216. 

M 
Martin  v.   United   States,   7   I.   T.   451,   104   S.   W.   678;    168   Fed.    198; 

63,  314. 
MaHarry  v.  Eatman,  29  Okla.  46,  116  Pac.  935;   13,  249,  261,  266,  268. 
Maxey  v.  Wright,  3  I.  T.  252,  54  S.  W.  807 ;   13,  292. 
May  field,  In  re,  141  U.  S.  107,  35  L.  Ed.  635;  3,  8,  13. 
Mays  v.  Frieberg,  3  I.  T.  774,  49  S.  W.  52;  13. 

Mills  v.  Glasscock,  26  Okla.  123,  110  Pac.  377;   134,  206,  250,  341. 
Mitchell  v.   Tulsa   Water,  Light,   Heat   &  Power   Co.,   21    Okla.   243,   95 

Pac.  961;  46. 
M.  K.  &  T.  Ry.  Co.  v.  Phelps,  4  I.  T.  706,  76  S.  W.  285;   13. 
Moore  v.  Adams,  26  Okla.  48,  108  Pac.  392;    13. 


xviii  Table  of  Cases  Cited. 

Moore  v.  O'Dell,  27  Okla.   104,   111 '  Pac.  308;   305. 

Moore  v.  Sawyer,  167  Fed.  826;   124,  137,  307. 

Morley  v.  Fuel,  32  Okla.  452,  122  Pac.  700;  53,  120. 

Morris  v.  Hitchcock,  194  U.  S.  384,  48  L.  Ed.  1030;   87,  302. 

Morrison  v.  Burnette,  154  Fed.  G17;   13,  139,  230,  247,  255,  314. 

Mosier  v.  United  States,  198  Fed.  54;  24. 

Mullen  v.  United  States,  224  U.  S.  448,  56  L.  Ed.  834;  87,  120,  156,  157, 

158,   160,  247,  274,  283,  289,  293. 
Muskogee  Development  Co.  v.  Green,  22  Okla.  237,  97  Pac.  619;   139. 
Muskogee  Land  Co.  v.  Blackburn,  20  Okla.  803,  95  Pac.  252;   314. 
Muskogee  Land  Co.  v.  Mullins,   7   I.  T.   189,   104   S.   W.   586,    165  Fed. 

179;   124,  139. 
Muskogee  National  Telephone  Co.  v.  Hall,  4  I.  T.  18,  64  S.  W.  600,  118 

Fed.  382;   299. 
Muskrat  v.  United  States,  219  U.  S.  346,  55  L.  Ed.  246;  202,  246,  .319. 
Myers  v.  Mathis,  2  I.  T.  3,  46  S.  W.  178;   13,  292. 
McAlester  v.  Edgerton,  3  I.  T.  711,  64  S.  W.  583;   68. 
MeBride  v.  Farrington,  131  Fed.  797;   5,  56,  61. 
McClellan  v.  Pyeatt,  50  Fed.  686,  66  Fed.  843;   13. 
McFadden  v.  Blocker,  3  1.  T.  227,  54  S.  W.  873;  25. 
McLaughlin  v.  Ardmore  Loan  &  Trust  Co.,  21   Okla.   173,  95  Pac.  779; 

159. 
McWilliams   Investment  Co.   v.  Livingston,   22   Okla.   884,   98   Pac.   914; 

53,   116,  137,  246,  307. 

N 

National  Bank  of  Boyertown  v.  Schufelt,  82  S.  W.  927,  145  Fed.  509;  5. 
National  Live  Stock  Commission  Co.  v.  Taliaferro,  20  Okla.  179,  93  Pac. 

983;  25. 
Neilson  v.  Alberty,  129  Pac.  847,  337. 
Nelson  v.  Wood,  122  Pae.  1103;  263. 
Nivens  v.  Nivens,  4  I.  T.  30,  64  S.  W.  604;  68. 
Noble  v.  Worthy,  1  I.  T.  523,  45  S.  W.  137;    13. 
Nofire  v.  United  States,  164  U.  S.  657,  41  L.  Ed.  588;  8. 
Noyes  v.  Neel,  100  Fed.  555;    13. 

O 

Oklahoma  Land  Co.  v.  Thomas,   127  Pac.  8;    16. 
Owens  v.  Eaton,  5  I.  T.  275,  82  S.  W.  746;  56. 


Pace  v.  Merrill  Drug  Co.,  2  I.  T.  218,  48  S.  W.  1061 ;  5. 
Parris  v.  United  States,  1  I.  T.  43,  35  S.  W.  243;  21. 
Parmenter  v.  United  States,  6  I.  T.  530,  98   S.  W.  340;   21. 


Table  of  Cases  Cited.  xix 

Parkinson  v.   Skelton,   12S  Pac.   131,  33   Okla.   813;    105,   100,   120,   137, 

249,   307. 
Parks  v.  City  of  Ada,  24  Okla.   168,  103  Pac.  607;   314. 
Paulter  v.  Manuel,  25  Okla.  59,  108  Pac.  749;  314. 
Payne  v.  Kansas  &  A.  Val.  R.  Co.,  46  Fed.  546;   13. 
Poffs'  Guardianship,  in  re,  7  I.  T.  59,  103  S.  W.  765;   58,  69,  86,  230, 

292. 
Porter  v.  Brook,  21  Okla.  885,  97  Pac.  645;   22,  314. 
Price  v.  Cherokee  Nation,  5  I.  T.  518,  82  S.  W.  893;   49,  51. 
Proctor  v.  Harrison,  125  Pac.  479;  249,  267. 
Pyeatt  v.  Powell,  51  Fed.  551;   2,   13. 

Q 

Quigley  v.   Stephens,  3  I.  T.  273,  54   S.  W.  814;    13,  46. 

R 

Raymond  v.  Raymond.   1   I.  T.  334,  37   S.  W.  202;    19. 

Rain  Water-Boogher  Hat  Co.  v.  Malcolm,  51  Fed.  734;   13. 

Redbird  v.  United  States,  203  U.  S.  80,  51   L.   Ed.  96;    198,  202,  203, 

204,  293,  295. 
Redmond  v.  Town  of  Sulphur,  32  Okla.  201,   120  Pac.  262;   181. 
Redwine  v.  Ansley,  32  Okla.  317,  122  Pac.  679;   87,  155,  157,  187. 
Reed  v.   Welty,   197   Fed.   419;    103,    106,   120,   137,   141,    156,   157,   158, 

160. 
Rentie  v.  McCoy,  128  Pac.  244;   120.  132,  133,  137,  155,  160,  195,  307. 
Reynolds  v.  Fewel,  124  Pac.  623;  106,  120. 
Riverside  Oil  &  Gas  Co.  v.  Tulsa  Water,  Light,  Heat  &  Power  Co.,  24 

Okla.   323,    103   Pac.   608;    314. 
Robinson  v.  Owen,  30  Okla.  484,  119  Pac.  995;  66,  202,  203,  289. 
Roff  v.  Burney,  168  U.  S.  220,  42  L.  Ed.  442;   18. 
Rogers  v.  Noel,  124  Pac.  976;   87,   157,  158,  307. 
Ross  v.  Stewart,  25  Okla.  611,  106  Pac.  870;   111,  206. 
Ross  v.  Wright,  29  Okla.  186,  116  Pac.  949;   194. 

S 
Salmon  v.  Mills,  49  Fed.  333;    13. 

Sanders  v.  Sanders,  28  Okla.  59.  118  Pac.  338;  53,  105,  106,  249. 
Saver  v.  Brown,  7  I.  T.  675,  104  S.  W.  877;  86,  157,  307. 
Schwab  Clothing  Co.  v.  Cromer,  1  I.  T.  661,  43  S.  W.  951;   13. 
Scott  v.  Jacobs,  31  Okla.  109,   126  Pac.  780;    120. 
Scroggins  v.  Oliver,  7  1.  T.  740,  104  S.  W.  1161;  13,  67,  155. 
Shapleigh  Hardware  Co.  v.  Brittain,  2  I.  T.  242,  48  S.  W.  1067;   13. 
Sharrock  v.  Kreiger,  6  I.  T.  466,  98  S.  W.  161 ;  48,  67. 
Sharp  v.  Lancaster,  23  Okla.  349,  100  Pac.  578;   111,  137,  307. 


xx  Table  of  Cases  Cited. 

Shellenbarger  v.  Fewell,  124  Pac.  617;   53,  105,  106,  120,  132. 
Shulthis  v.  McDougal,   162   Fed.   331,   170  Fed.   529,  225  U.   S.   561,   56 

L,  Ed    1205;   120,  132,  133,  139,  234,  249,  283,  302. 
Smmons  v.  Mullen,  122  Pac.  518,  33  Okla.  184;   157,  261. 
Simmons   v.    Whittington,   27   Okla.   356,    112   Pac.    1018;    87,    137,    157, 

246,  307. 
Simon  v.  United  States,  4  I.  T.  688,  76  S.  W.  280;  14. 
Skelton  v.   Dill,   30   Okla.   278,    119   Pac.  267;    106,    132,   133,   137,   249, 

307. 
Sorrels  v.   Jones,   26   Okla.   569,    110   Pac.   743;    87,    155,    160,    161,    163, 

165,  173,   184,  188,  298. 
South    McAlester   Eufaula   Telephone    Co.    v.    State,    25   Okla.    524,    106 

Pac.   962;    299. 
Spade  v.   Morton,   28   Okla.   384,   114  Pac.   724;    317. 
Springston  v.  Wheeler,  3  I.  T.  393,  58  S.  W.  658;   13. 
Standley  v.  Roberts,  59  Fed.  836;  5,  8. 
Stanclift  v.  Fox,  152  Fed.  697;   111,  298. 
State  v.  89  Casks  of  Beer,  128  Pac.  267;  21. 
Steele  v.  Kelley,  32  Okla.  547,   122  Pac.  934;    13. 
Stephens  v.  Cherokee  Nation,   174  U.  S.  483,  43  L.  Ed.   1041;    1,  8,  22, 

47,  48,  53,  66,  68,  69,  87,  100,  285,   289,  293,  294. 
Stevens   v.   Elliott,   118   Pac.   407,   30   Okla.   41;    137. 
Stout  v.  Simpson,  124  Pac.  754;    149,  151,  155,   160.  246,  247,  268,  305. 
St.  L.  &  S.  F.  R.  Co.  v.  Pfennighausen,  7  I.  T.  685,  104  S.  W.  880;  43. 
St.  L.  &  S.  F.  R.  Co.  v.  O'Loughlin,  49  Fed.  440;  2. 
Summers  v.  Barks,   127   Pac.  402;    62. 
Superior  Oil  &  Gas  Co.  v.  Mehlin,  25  Okla.  809,  108  Pac.  545;  217,  273, 

307. 
Swinney  v.  Kelley,  5  I.  T.   12,  76  S.  W.  303;  48. 


Tahlequah,   Incorporated  Town  of,  v.  Guinn,    5   I.    T.    497,    82    S.    W. 

886;   46. 
Tally  v.  Kirk,  6  I.  T.  331,  97  S.  W.  1027;  19. 
Tate  v.  Gaines,  25  Okla.   141,   105  Pac.   193;    106. 
Talton  v.  Mayes,  163  U.  S.  377,  41  L.  Ed.  196;  8,  13. 
Taylor  v.  Brown,  147  U.  S.  639,  37  L.  Ed.  313;   137. 
Taylor  v.   Parker,   126  Pac.  573,   33   Okla.   199;    53,   155,   157,   158,   230. 
Taylor  v.  Anderson,   197  Fed.  383;    157,   158,  187,  189. 
Terrel's  Estate,  In  re,  6  I.  T.  412,  98  S.  W.  143;   314. 
Texas  Co.  v.  Henry,  126  Pac.  224;    103,  227,  261. 
The  30,000  Land  Suits,  199  Fed.  811;   87,   106,   137,   149,   156,   157,   158, 

160,   187,   195,  234,  255,  283,  305,  307. 
Thomason  v.  McLaughlin,  7  I.  T.  1,  103  S.  W.  595;  61,  62. 


Table  of  Cases  Cited.  xxi 

Thompson  v.  Morgan,  4  I.  T.  412,  G9  S.  W.  020;  47,  48,  49,  50,  51,  86. 
Tiger  v.   Western   Investment  Co.,   221   U.   S.   28G;    106,    137,    149,   195, 

246,  247,  255,  267,  268. 
Truskett  v.   Closser,   198  Fed.   835;    195,  261,  262,  263,  266. 
Tuttle  v.  Moore,  3  I.  T.  712,  64  S.  W.  585;  47,  60. 
Turner  v.  Seep,  167  Fed.  646,   179  Fed.  74;   139,  217. 
Tynon  v.  dwell,  3  I.  T.  346,  58  S.  W.  565;  69. 

U 

United  States  v.  Aaron,   183  Fed.  347;   342. 

United  States  v.  Allen,   171   Fed.   907,   179   Fed.   13;    27,   137,   155,   156, 

157,  158,  195,  261,  266,  283,  314,  319,  320. 
United  States  v.  Abrams,  194  Fed.  82;   139. 
United  States  v.  Buckles,  6  I.  T.  319,  97  S.  W.   1022;   21,  24. 
United  States  v.  Board  of  Co.  Corns,  of  Osage  Co.,   193  Fed.  485;   342. 
United  States  v.   Choctaw  Nation,   179  U.   S.  496,  45   L.  Ed.  291;    285. 
United  States  v.  Cohn,  2  I.  T.  474,  52  S.  W.  38. 
United  States  v.   Cherokee  Nation,  202  U.  S.   102,  50  L.  Ed.  949;    184, 

187. 
United  States  v.  Comet  Oil  &  Gas  Co.,  187  Fed.  674;  246,  247. 
United  States  v.   Dowden,    194   Fed.   475;    153,   156,   157,   158,   160,   161, 

166,  298,  307. 
United  States  v.   Choctaw  Nation,   193  U.   S.   120,  48  L.   Ed.   643;    173, 

175. 
United  States  v.  Ft.  Smith  &  W.  R.  R.  Co.,  195  Fed.  211 ;   103,  104,  106, 

117. 
United  States  v.  Jacobs,  195  Fed.  707;   120,  137. 
United  States  v.  La  Roque,  198  Fed.  645;    120. 
United  States  v.  Lewis,  5  I.  T.  8,  76  S.  W.  299;  53,  61,  67,  298. 
United  States  v.  M'Murray,  181  Fed.  723;  56. 
United  States  v.  Noble,   197   Fed.   292;    139. 
United  States  v.  Rea-Reed  Mill   &  Elevator  Co.,   171   Fed.   501;    58,   61, 

111,   113,   121,   122,  245,  247. 
United  States  v.   Schock,    187    Fed.   862,   870;    104,    137,    141,   230,   246, 

249,  261,  263,  26*7,  268,  283,  307. 
United  States  v.  U.  S.  Express  Co.,  180  Fed.   1007;  24. 
United  States  v.  Whitmire,  188  Fed.  422;  216. 
United  States  v.   Wright,    197   Fed.   297;    139. 

United  States  Express  Co.  v.  Friedman,  191  Fed.  673;   126,  149,  255. 
United  States  Fid.  &  Guar.  Co.  v.   Shirk,     7   I.    T.  83,  103  S.  W.  773; 

314. 
Utterback  v.  Rock  Island  Plow  Co.,  22  Okla,  263,  97  Pac.  649;  314. 


xx  ii  Table  of  Cases  Cited. 

w 

Wallace  v.  Adams,   0   I.  T.  32,  88   S.  W.  308,   143   Fed.   716,  204  U.   S. 

420,  51  L.  Ed.  547;  47,  48,  108.  100.  171,  283,  289,  292. 
Walker  v.  Robereon,  21  Okla.  894,  97  Pac.  609;   61,  62. 
Warren  v.  Canard,  30  Okla.  514,  120  Pac.  599;  263. 
Washington's  Estate,  In  re,   128  Pae.   1079;    137,   195. 
Washington  v.  Miller,  129  Pac.  5S;    132,  230. 
Watkins  v.  United  States,  1  I.  T.  364,  41  S.  W.  1044;    15. 
\Y;itkins  v.  United  States,  3  I.  T.  281.  54  S.  W.  819;  20. 
Webb,  In  re.  225  U.  S.  663,  56  L.  Ed.  1248;   21,  24,  126,   149,   186,  218. 
Weeks  v.  United  States,  2  I.  T.   162,  48  S.  W.   1036;    13. 
Welch  v.  Ladd,  29  Okla.  93,  116  Pac.  573;   14. 
Weihrp  v.  Audrain,   128   Pac.  254;    195,  263. 

Western  Investment  Co.  v.  Kistler,  22  Okla.  222,  97  Pac.  588;   27,  137. 
Western  Investment  Co.  v.  Tiger,  21   Okla.  630,  96  Pac.  602,  221  U.  S. 

286,  55  L.  Ed.  738;  27,  103,  116,  137,  246,  247,  248,  283,  285. 
White  v.  White,  2  I.  T.  35,  47  S.  W.  355;   13. 
Whitemire  v.  Trapp,  126  Pac.  578,  33  Okla.  429;   195,  263. 
Whiteman  v.  Lehmer.  22  Okla.  627,  98  Pac.  351;   139. 
Williams  v.  First  Nat']  Bank,  20  Okla.  276,  95  Pac.  457,  216  U.  S.  582, 

54  L.  Ed.  625;   53,  62,  87,   131,  2S3,  285. 
Williams   v.   Johnson.   32   Okla.   247,    122   Pac.   485;    87,    157,    187,    189, 

307. 
Williams  v.  Joins,   126  Pac.   1013;   263. 
Williams   v.   Williams,   22   Okla.   672,   98   Pac.   909;    139. 
Williams  v.  United  States,  4  I.  T.  204,  69  S.  W.  849;    15. 
Willis  v.  United  States,  6  I.  T.  424,  98  S.  W.  147;   19. 
Wilson  v.  Morton,  29  Okla.  745,  119  Pac.  213;  249. 
Wilson  v.  Owens,  1  I.  T.  163,  3S  S.  W.  976,  86  Fed.  572;  5,  13. 
W.  O.  Whitney  Lumber  &  Grain  Co.  v.  Crabtree,  166  Fed.  738;  61. 

Y 

Yarbrough  v.  Spaulding,  31  Okla.  806,  123  Pac.  843;  261,  262,  263. 

Z 

Zevely  v.  Weimer,  5  I.  T.  6S7,  82  S.  W.  941;  27,  58,  60,  86,  283,  289, 
292,  302. 


ANNOTATED  ACTS  OF  CONGRESS 


FIVE  CIVILIZED  TRIBES 

AND     THE 

OSAGE  NATION 


ANNOTATED  ACTS  OF  CONGRESS 


FIVE  CIVILIZED  TRIBES 

AND  THE 

OSAGE  NATION 

SEC.  2079,  U.  S.  REVISED  STATUTES. 
Approved  March  3,     1871. 
(18  Stat.  L.  5C6.) 
No  Future  Treaties  with  Indians. 

No  Indian  Nation  or  tribe  within  the  territory  of  the  United 
States  shall  be  acknowledged  or  recognized  as  an  independent 
nation,  but  no  obligation  of  any  treaty  lawfully  made  and  rati- 
fied with  any  such  Indian  Nation  or  tribe  prior  to  March  third, 
eighteen  hundred  and  seventy-one  shall  be  hereby  invalidated 
or  impaired. 

Dukes  v.  McKenna,  4  I.  T.  156,  69  S.  W.  832. 
Stephens  v.  Cherokee  Nation,   174  U.  S.  483,  43  L.  Ed.   1041. 
Cherokee  Nation  v.  Hitchcock,  187  U.  S.  299,  47  L.  Ed.  183. 
Lone  Wolf  v.  Hitchcock,  187  U.  S.  556,  47  L.  Ed.  299. 


EXTRACTS  FROM 

AN  ACT  TO  ESTABLISH  A  UNITED  STATES  COURT 

IN  THE  INDIAN  TERRITORY,  AND  FOR  OTHER  PURPOSES. 

(25   Stat.  L.   783.) 

Approved  March   1,   1889. 

Indian  Territory  United  States  Court  Established. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  a  United 
States  court  is  hereby  established,  whose  jurisdiction  shall  ex- 
tend over  the  Indian  Territory,  bounded  as  follows,  to-wit : 

(i) 


2  Act  March  i,  1889. 

North  by  the  State  of  Kansas,  east  by  the  States  of  Missouri 
and  Arkansas,  south  by  the  State  of  Texas,  and  west  by  the 
State  of  Texas  and  the  Territory  of  New  Mexico. 

And  a  judge  shall  be  appointed  for  said  court  by  the  Presi- 
dent of  the  United  States,  by  and  with  the  advice  and  consent 
of  the  Senate,  who  shall  hold  his  office  for  a  term  of  four  years, 
and  until  his  successor  is  appointed  and  qualified,  and  receive 
a  salary  of  three  thousand  five  hundred  dollars  per  annum,  to 
be  paid  from  the  Treasury  of  the  United  States  in  like  manner 
as  the  salaries  of  judges  of  the  United  States  district  courts. 

St.  Louis  &  S.  F.  Ry.  Co.  v.  O'Loughlin,  49  Fed.  440. 

Pyeatt  v.  Powell,  51   Fed.   551. 

Gowen  v.  Harley,  56  Fed.  973. 

Leak  Glove  Manuf'g  Co.  v.  Needles,  69  Fed.  G8. 

Attorney  and  Marshal — Deputies. 

Section  2.  That  there  shall  be  appointed  by  the  President, 
by  and  with  the  advice  and  consent  of  the  Senate,  an  attorney 
and  marshal  for  said  court,  who  shall  continue  in  office  for  four 
years,  and  until  their  successors  be  duly  appointed  and  quali- 
fied, and  they  shall  discharge  the  like  duties  and  receive  the 
same  fees  and  salary  as  now  received  by  the  United  States  at- 
torney and  marshal  for  the  western  district  of  Arkansas. 

The  said  marshal  may  appoint  one  or  more  deputies,  who 
shall  have  the  same  powers,  perform  the  like  duties,  and  be 
removable  in  like  manner  as  other  deputy  United  States  mar- 
shals ;  and  said  marshal  shall  give  bond,  with  two  or  more 
sureties,  to  be  approved  by  the  judge  of  said  court  in  the  sum 
of  ten  thousand  dollars,  conditioned  as  by  law  required  in  re- 
gard to  the  bonds  of  other  United  States  marshals. 

Clerk. 

Sec.  3.  That  a  clerk  of  said  court  shall  be  appointed  by  the 
judge  thereof,  who  shall  reside  and  keep  his  office  at  the  place 
of  holding  said  court.  Said  clerk  shall  perform  the  same  du- 
ties, be  subject  to  the  same  liabilities,  and  shall  receive  the 
same  fees  and  compensation  as  the  Clerk  of  the  United  States 


Act  March  i,  1889.  3 

court  of  the  western  district  df  Arkansas;  and  before  entering 
upon  his  duties  he  shall  give  bond  in  the  sum  of  ten  thousand 
dollars,  with  two  or  more  sureties,  to  be  approved  by  the  judge 
of  said  court,  conditioned  that  he  will  discharge  his  duties  as 
required  by  law. 

Official  Oath  of  Judge,  Clerk  and  Marshal. 

Sec.  4.  That  the  judge  appointed  under  the  provision  of 
this  act  shall  take  the  same  oath,  required  by  law  to  be  taken 
by  the  judges  of  the  district  courts,  of  the  United  States;  and 
the  oath,  when  taken  as  in  such  cases  provided,  shall  be  duly 
certified  by  the  officer  before  whom  the  same  shall  have  been 
taken  to  the  clerk  of  the  court  herein  established,  to  be  by  him 
recorded  in  the  records  of  said  court. 

The  clerk,  marshal,  and  deputy  marshals  shall  take  before 
the  judge  of  said  court  the  oath  required  by  law  of  the  clerk, 
marshal,  and  deputy  marshals  of  the  United  States  district 
courts,  the  same  to  be  entered  of  record  in  said  court  as  pro- 
vided by  law  in  like  cases. 

Jurisdiction  of  Offenses. 

Sec.  5.  That  the  court  hereby  established  shall  have  exclu- 
sive original  jurisdiction  over  all  offenses  against  the  laws  of 
the  United  States  committed  within  the  Indian  Territory  as 
in  this  act  defined,  not  punishable  by  death  or  by  imprisonment 
at  hard  labor. 

In  re  Bonner,  57  Fed.  184. 

Harless  v.  U.  S.,  88  Fed.  97. 

Ex  parte  Mayfield,  141  U.  S.  107,  35  L.  Ed.  635. 

Ex  parte  Johnson,  167  U.  S.  119,  42  L.  Ed.  103. 

Laurel  Oil  Co.  v.  Morrison,  212  U.  S.  291,  53  L.  Ed.  517. 

Jurisdiction — Civil — None  in  Suits  Between  Indians. 

Sec.  6.  That  the  court  hereby  established  shall  have  juris- 
diction in  all  civil  cases  between  citizens  of  the  United  States 
who  are  residents  of  the  Indian  Territory,  or  between  citizens 


4  Act  March  i,  1889. 

of  the  United  States,  or  of  any  State  or  Territory  therein, 
and  any  citizen  of  or  person  or  persons  residing  or  found  in 
the  Indian  Territory,  and  when  the  value  of  the  thing  in  con- 
troversy, or  damages  or  money  claimed  shall  amount  to  one 
hundred  dollars  or  more : 

Provided,  That  nothing  herein  contained  shall  be  so  con- 
strued as  to  give  the  court  jurisdiction  over  controversies  be- 
tween persons  of  Indian  blood  only: 

And  provided  further.  That  all  laws  having  the  effect  to 
prevent  the  Cherokee,  Choctaw,  Creek,  Chickasaw  and  Semi- 
nole Nations,  or  either  of  them,  from  lawfully  entering  into 
leases  or  contracts  for  mining  coal  for  a  period  not  exceed- 
ing ten  years,  are  hereby  repealed ; 

And  said  courts  shall  have  jurisdiction  over  all  controver- 
sies arising  out  of  said  mining  leases  or  contracts  and  of  a1l 
questions  of  mining  rights  or  invasions  thereof  where  the 
amount  involved  exceeds  the  sum  of  one  hundred  dollars. 

That  the  provisions  of  chapter  eighteen,  title  thirteen,  of  the 
Revised  Statutes  of  the  United  States  shall  govern  such  court, 
so  far  as  applicable :  Provided,  That  the  practice,  pleadings, 
and  forms  of  proceeding  in  civil  cases  shall  conform,  as  near 
as  may  be,  to  the  practice,  pleadings,  and  forms  of  proceeding 
existing  at  the  time  in  like  causes  in  the  courts  of  record  of 
the  State  of  Arkansas,  any  rule  of  court  to  the  contrary  not- 
withstanding ;  and  the  plaintiff  shall  be  entitled  to  like  reme- 
dies, by  attachment  or  other  process  against  the  property  of 
the  defendant,  and  for  like  causes,  as  now  provided  by  the  laws 
of  said  State. 

The  final  judgment  or  decree  of  the  court  hereby  estab- 
lished, in  cases  where  the  value  of  the  matter  in  dispute,  ex- 
clusive of  costs,  to  be  ascertained  by  the  oath  of  either  party 
or  of  other  competent  witnesses,  exceeds  one  thousand  dollars 
may  be  reviewed  and  reversed  or  affirmed  in  the  Supreme 
Court  of  the  United  States  upon  writ  of  error  or  appeal,  in 
the  same  manner  and  under  the  same  regulations  as  the  final 
judgments  and  decrees  of  a  circuit  court. 


Act  March  i,  1889.  5 

Wilson  v.  Owens,  1  I.  T.  1G3,  38  S.  W.  97G. 

Bohart  v.  Hull,  2  I.  T.  145,  47  S.  W.  306. 

Pace  v.   Merrill  Drug  Co.,  2  I.  T.  218,  48   S.  W.   10G1. 

Crovvell  v.  Young,  4  I.  T.   148,  G4  S.  W.  G07,  829. 

In  re  Davis  Estate,  32  Okla.  209,   122  Pac.  547. 

Crabtree  v.  Madden,  54  Fed.  426. 

Standley  v.  Roberts,   59   Fed.   836. 

McBride   v.    Farrington,    131    Fed.   805. 

Jones  v.  Baer,  149  U.  S. ,  37  L.  Ed.  947. 

Terms,  of  Court. 

Sec.  y.  That  two  terms  of  said  court  shall  be  held  each 
year  at  Muskogee,  in  said  Territory,  on  the  first  Monday  in 
April  and  September,  and  such  special  sessions  as  may  be  nec- 
essary for  the  dispatch  of  the  business  in  said  court  at  such 
times  as  the  judge  may  deem  expedient;  and  he  may  adjourn 
such  special  sessions  to  any  other  time  previous  to  a  regular 
term;  and  the  marshal  shall  procure  suitable  rooms  for  the 
use  and  occupation  of  the  court  hereby  created. 

Stephens  v.  Cherokee  Nation,   174  U.  S.  444;  43  L.  Ed.   1041. 

Court  Proceedings — Juries. 

Sec.  8.  That  all  proceedings  in  said  court  shall  be  had  in 
the  English  language ;  and  bona-fide  male  residents  of  the  In- 
dian Territory,  over  twenty-one  years  of  age,  and  understand- 
ing the  English  language  sufficiently  to  comprehend  the  pro- 
ceedings of  the  court,  shall  be  competent  to  serve  as  jurors  in 
said  court  but  shall  be  subject  to  exemptions  and  challenges 
as  provided  by  law  in  regard  to  jurors  in  the  district  court 
for  the  western  district  of  Arkansas. 

Carter  v.  U.  S.,  1  I.  T.  342,  37  S.  W.  204. 

Nat'l  Bank  of  Boyertown  v.  Shufelt,  82  S.  W.  927,  145  Fed.  509. 

(Sections  9  to  28,  provide  for  selection  of  juries,  and  define 
certain  criminal  offenses.) 


Act  May  2,  1890. 


EXTRACTS  FROM 

AN  ACT  TO  PROVIDE  A  TERRITORIAL  GOVERNMENT 

FOR   THE    TERRITORY    OF   OKLAHOMA,    TO    ENLARGE    THE 

JURISDICTION  OF  THE  UNITED  STATES  COURT  IN  THE  INDIAN 

TERRITORY,   AND   FOR   OTHER    PURPOSES. 

(26  Stat.  L.  81.) 

Approved  May  2,  1890. 

Indian   Territory  Denned — Jurisdiction   of   Courts — Tribal   Con- 
tracts. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED : 

Section  29.  That  all  that  part  of  the  United  States  which 
is  bounded  on  the  north  by  the  State  of  Kansas,  on  the  east 
by  the  States  of  Arkansas  and  Missouri,  on  the  south  by  the 
State  of  Texas,  and  on  the  west  and  north  by  the  Territory 
of  Oklahoma  as  defined  in  the  first  section  of  this  act,  shall, 
for  the  purposes  of  this  act,  be  known  as  the  Indian  Ter- 
ritory ; 

And  the  jurisdiction  of  the  United  States  court  established 
under  and  by  virtue  of  an  act  entitled  "An  Act  to  establish  a 
United  States  court  in  the  Indian  Territory,  and  for  other  pur- 
poses," approved'  March  first,  eighteen  hundred  and  eighty- 
nine,  is  hereby  limited  to  and  shall  extend  only  over  the  Indian 
Territory  as  defined  in  this  section ;  that  the  court  established 
by  said  act  shall,  in  addition  to  the  jurisdiction  conferred  there- 
on by  said  act,  have  and  exercise  within  the  limits  of  the  In- 
dian Territory  jurisdiction  in  all  civil  cases  in  the  Indian  Ter- 
ritory, except  cases  over  which  the  tribal  courts  have  exclu- 
sive jurisdiction; 

And  in  all  cases  on  contracts  entered  into  by  citizens  of  any 
tribe  or  nations  with  citizens  of  the  United  States  in  good 
faith  and  for  valuable  consideration,  and  in  accordance  with 
the  laws  of  such  tribe  or  nation,  and  such  contracts  shall  be 


Act  May  2,  1890.  7 

deemed  valid  and  enforced  by  such  courts;  and  in  all  cases 
over  which  jurisdiction  is  conferred  by  this  act  or  may  here- 
after be  conferred  by  act  of  Congress ;  and  the  provisions  of 
this  act  hereinafter  set  forth  shall  apply  to  said  Indian  Terri- 
tory only. 

Terms   of   Court — Three   Divisions — Jurors — Prosecutions — Civil 
Suits — Jurisdiction  of  Indian  Courts. 

Sec.  30.  That  for  the  purpose  of  holding  terms  of  said 
court,  said  Indian  Territory  is  hereby  divided  into  three  divi- 
sions, to  be  known  as  the  first,  second,  and  third  division. 

The  first  division  shall  consist  of  the  country  occupied  by 
the  Indian  tribes  in  the  Ouapaw  Indian  Agency  and  all  that 
part  of  the  Cherokee  country  east  of  the  ninety-sixth  meridian 
and  all  of  the  Creek  country ;  and  the  place  for  holding  said 
court  therein  shall  be  Muskogee. 

The  second  division  shall  consist  of  the  Choctaw  country, 
and  the  place  for  holding  said  court  therein  shall  be  at  South 
McAllister. 

The  third  division  shall  consist  of  the  Chickasaw  and  Sem- 
inole countries,  and  the  place  for  holding  said  court  therein 
shall  be  at  Ardmore. 

That  the  Attorney-General  of  the  United  States  may,  if  in 
his  judgment  it  shall  be  necessary,  appoint  an  assistant  attor- 
ney for  said  court. 

And  the  clerk  of  said  court  shall  appoint  a  deputy  clerk  in 
each  of  said  divisions  in  which  said  clerk  does  not  himself  re- 
side at  the  place  in  such  division  where  the  terms  of  said  court 
are  to  be  held.  Such  deputy  clerk  shall  keep  his  office  and 
reside  at  the  place  appointed  for  holding  said  court  in  the 
division  of  such  residence,  and  shall  keep  the  records  of  said 
court  for  such  division,  and  in  the  absence  of  the  clerk  may  ex- 
ercise all  the  official  powers  of  the  clerk  within  the  division 
for  which  he  is  appointed : 

Provided,  That  the  appointment  of  such  deputies  shall  be 
approved  by  said  United  States  court  in  the  Indian  Territory, 


8  Act  May  2,  1890. 

and  may  be  annulled  by  said  court  at  its  pleasure,  and  the  clerk 
shall  be  responsible  for  the  official  acts  and  negligence  of  his 
respective  deputies. 

The  Judge  of  said  court  shall  hold  at  least  two  terms  of 
said  court  each  year  in  each  of  the  divisions  aforesaid,  at  such 
regular  times  as  said  judge  shall  fix  and  determine,  and  shall 
be  paid  his  actual  traveling  expenses  and  subsistence  while 
attending  and  holding  court  at  places  other  than  Muskogee. 

And  jurors  for  each  term  of  said  court,  in  each  division,  shall 
be  selected  and  summoned  in  the  manner  provided  in  said  act, 
three  jury  commissioners  to  be  selected  by  said  court  for  each 
division,  who  shall  possess  all  the  qualifications  and  perform  in 
said  division  all  the  duties  required  of  the  jury  commissioners 
provided  for  in  said  act. 

All  prosecutions  for  crimes  or  offenses  hereafter  committed 
in  said  Indian  Territory  shall  be  cognizable  within  the  divi- 
sion in  which  such  crime  or  offense  shall  have  been  committed. 

And  all  civil  suits  shall  be  brought  in  the  division  in  which 
the  defendant  or  defendants  reside  or  may  be  found  ;  but  if 
there  be  two  or  more  defendants  residing  in  different  divisions, 
the  action  may  be  brought  in  any  division  in  which  either  of 
the  defendants  resides  or  may  be  found. 

And  all  cases  shall  be  tried  in  the  division  in  which  the 
process  is  returnable  as  herein  provided,  unless  said  judge  shall 
direct  such  case  to  be  removed  to  one  of  the  other  divisions : 

Provided,  however,  That  the  judicial  tribunals  of  the  In- 
dian nations  shall  retain  exclusive  jurisdiction  in  all  civil  and 
criminal  cases  arising  in  the  country  in  which  members  of  the 
nation  by  nativity  or  by  adoption  shall  be  the  only  parties ;  and 
as  to  all  such  cases  the  laws  of  the  State  of  Arkansas  extended 
over  and  put  in  force  in  said  Indian  Territory  by  this  act  shall 
not  apply. 

Standley  v.  Roberts,  59  Fed.   836. 
Ex  parte  Mayfield,  141  U.  S.   107,  35  L.  Ed.  635. 
Alberty  v.  United  States,   162  U.   S.   500,  40  L.  Ed.   1051. 
Talton  v.  Mayes,  163  U.  S.  377,  41  L.  Ed.   196. 


Act  May  2,  1890.  9 

Lucas  v.  United  States,   163  U.  S.  G13,  41  L.  Ed.  282. 
Nofire  v.  United  States,  164  U.  S.  657,  41  L.  Ed.  588. 
Stephens  v.  Cherokee  Nation,  174  U.  S.  483,  43  L.  Ed.  1041. 

Arkansas  Laws.  Applicable  —  Attachments  —  Judgments  —  Suits 
Between  Indians — Violations  of  Indian  Laws. 

Sec.  31.  That  certain  general  laws  of  the  State  of  Arkansas 
in  force  at  the  close  of  the  session  of  the  general  assembly  of 
that  State  of  eighteen  hundred  and  eighty-three,  as  published 
in  eighteen  hundred  and  eighty-four  in  the  volume  known  as 
Mansfield's  Digest  of  the  Statutes  of  Arkansas,  which  are  not 
locally  inapplicable  or  in  conflict  with  this  act  or  with  any  law 
of  Congress,  relating  to  the  subjects  specially  mentioned  in 
this  section,  are  hereby  extended  over  and  put  in  force  in  the 
Indian  Territory,  until  Congress  shall  otherwise  provide,  that 
is  to  say,  the  provisions  of  the  said  general  statutes  of  Arkansas 
relating  to  administration. 

Chapter  one,  and  the  United  States  court  in  the  Indian  Ter- 
ritory herein  referred  to  shall  have  and  exercise  the  powers  of 
courts  of  probate  under  said  laws ;  to  public  administrators. 

Chapter  two,  and  the  United  States  marshal  of  the  Indian 
Territory  shall  perform  the  duties  imposed  by  said  chapter  on 
the  sheriffs  in  said  State ; 

To  arrest  and  bail,  civil,  chapter  seven ; 

To  assignment  for  benefit  of  creditors,  chapter  eight ; 

To  attachments,  chapter  nine ; 

To  attorneys  at  law,  chapter  eleven  ; 

To  bills  of  exchange  and  promissory  notes,  chapter  four- 
teen; 

To  civil  rights,  chapter  eighteen ; 

To  common  and  statute  law  of  England,  chapter  twenty ; 

To  contempts,  chapter  twenty-six ; 

To  municipal  corporations,  chapter  twenty-nine,  division 
one ; 

To  costs,  chapter  thirty ; 

To  descents  and  distributions,  chapter  forty-nine ; 

To  divorce,  chapter  fifty-two,  and  said  court  in  the  Indian 


10  Act  May  2,  1890. 

Territory  shall  exercise  the  powers  of  the  circuit  courts  of 
Arkansas  under  this  chapter; 

To  dower,  chapter  fifty-two; 

To  evidence,  chapter  fifty-nine ; 

To  execution,  chapter  sixty; 

To  fees,  chapter  sixty-three ; 

To  forcible  entry  and  detainer,  chapter  sixty-seven ; 

To  frauds,  statute  of,  chapter  sixty-eight ; 

To  fugitives  from  justice,  chapter  sixty-nine; 

To  gaming  contracts,  chapter  seventy  ; 

To  guardians,  curators,  and  wards,  chapter  seventy-three, 
and  said  court  in  the  Indian  Territory  shall  appoint  guardians 
and  curators ; 

To  habeas  corpus,  chapter  seventy-four ; 

To  injunction,  chapter  eighty-one ; 

To  insane  persons  and  drunkards,  chapter  eighty-two,  and 
said  court  in  the  Indian  Territory  shall  exercise  the  powers 
of  the  probate  courts  of  Arkansas  under  this  chapter ; 

To  joint  and  several  obligations  and  contracts,  chapter 
eighty-seven ; 

To  judgments  and  decrees,  chapter  eighty-eight; 

To  judgments  summary,  chapter  eighty-nine; 

To  jury,  chapter  ninety  ; 

To  landlord  and  tenant,  chapter  ninety-two ; 

To   legal   notices   and   advertisements,   chapter   ninety-four; 

To  liens,  chapter  ninety-six ; 

To  limitations,  chapter  ninety-seven ; 

To  mandamus  and  prohibition,  chapter  one  hundred ; 

To  marriage  contracts,  chapter  one  hundred  and  two ; 

To  marriages,  chapter  one  hundred  and  three ; 

To  married  women,  chapter  one  hundred  and  four ; 

To  money  and  interest,  chapter  one  hundred  and  nine ; 

To  mortgages,  chapter  one  hundred  and  ten ; 

To  notaries  public,  chapter  one  hundred  and  eleven,  and 
said  court  in  the  Indian  Territory  shall  appoint  notaries  public 
under  this  chapter ; 


Act  May  2,  1890.  11 

To  partition  and  sale  of  lands,  chapter  one  hundred  and 
fifteen ; 

To  pleadings  and  practice,  chapter  one  hundred  and  nine- 
teen; 

To  recorders,  chapter  one  hundred  and  twenty-six ; 

To  replevin,  chapter  one  hundred  and  twenty-eight ; 

To  venue,  change  of,  chapter  one  hundred  and  fifty-three ; 

And  to  wills  and  testaments,  chapter  one  hundred  and  fifty- 
five; 

And  wherever  in  said  laws  of  Arkansas  the  courts  of  rec- 
ord of  said  State  are  mentioned  the  said  court  in  the  Indian 
Territory  shall  be  substituted  therefor ; 

And  whenever  the  clerks  of  said  courts  are  mentioned  in 
said  laws  the  clerk  of  said  court  in  the  Indian  Territory  and 
his  deputies,  respectively,  shall  be  substituted  therefor ; 

And  whenever  the  sheriff  of  the  county  is  mentioned  in  said 
laws  the  United  States  marshal  of  the  Indian  Territory  shall 
be  substituted  therefor,  for  the  purpose,  in  each  of  the  cases 
mentioned,  of  making  said  laws  of  Arkansas  applicable  to  the 
Indian  Territory. 

That  no  attachment  shall  issue  against  improvements  on 
real  estate  while  the  title  to  the  land  is  vested  in  any  Indian 
Nation,  except  where  such  improvements  have  been  made  by 
persons,  companies,  or  corporations  operating  coal  or  other 
mines,  railroads,  or  other  industries  under  lease  or  permission 
of  law  of  an  Indian  national  council,  or  charter,  or  law  of  the 
United  States. 

That  executions  upon  judgments  obtained  in  any  other  than 
Indian  courts  shall  not  be  valid  for  the  sale  or  conveyance  01 
title  to  improvements,  made  upon  lands  owned  by  an  Indian 
nation,  except  in  the  cases  wherein  attachments  are  provided 
for. 

•  Upon  a  return  of  nulla  bona,  upon  an  execution  upon  any 
judgment  against  an  adopted  citizen  of  any  Indian  tribe,  or 
against  any  person  residing  in  the  Indian  country  and  not  a 
citizen  thereof,  if  the  judgment  debtor  shall  be  the  owner  of 


12  Act  May  2,  1890. 

any  improvements  upon  real  estate  within  the  Indian  Terri- 
tory in  excess  of  one  hundred  and  sixty  acres  occupied  as  a 
homestead,  such  improvements  may  be  subjected  to  the  pay- 
ment of  such  judgment  by  a  decree  of  the  court  in  which  such, 
judgment  was  rendered.  Proceedings  to  subject  such  property 
to  the  payment  of  judgments  may  be  by  petition,  of  which 
the  judgment  debtor  shall  have  notice  as  in  the  original  suit. 
If  on  the  hearing  the  court  shall  be  satisfied  from  the  evidence 
that  the  judgment  debtor  is  the  owner  of  improvements  on 
real  estate,  subject  to  the  payment  of  said  judgment,  the  court 
may  order  the  same  sold,  and  the  proceeds,  or  so  much  thereof 
as  may  be  necessary  to  satisfy  said  judgment  and  costs,  ap- 
plied to  the  payment  of  said  judgment;  or  if  the  improvement 
is  of  sufficient  rental  value  to  discharge  the  judgment  within 
a  reasonable  time  the  court  may  appoint  a  receiver,  who  shall 
take  charge  of  such  property  and  apply  the  rental  receipts 
thereof  to  the  payment  of  such  judgment,  under  such  regula- 
tions as  the  court  may  prescribe.  If  under  such  proceeding 
any  improvement  is  sold  only  citizens  of  the  tribe  in  which 
said  property  is  situate  may  become  the  purchaser  thereof. 

The  Constitution  of  the  United  States  and  all  general  laws 
of  the  United  States  which  prohibit  crimes  and  misdemeanors 
in  any  place  within  the  sole  and  exclusive  jurisdiction  of  the 
United  States,  except  in  the  District  of  Columbia,  and  all  laws 
relating  to  national  banking  associations  shall  have  the  same 
force  and  effect  in  the  Indian  Territory  as  elsewhere  in  the 
United  States. 

But  nothing  in  this  act  shall  be  so  construed  as  to  deprive 
any  of  the  courts  of  the  civilized  nations  of  exclusive  juris- 
diction over  all  cases  arising  wherein  members  of  said  nations, 
whether  by  treaty,  blood,  or  adoption,  are  the  sole  parties,  nor 
so  as  to  interfere  with  the  right  and  power  of  said  civilized 
nations  to  punish  said  members  for  violation  of  the  statutes 
and  laws  enacted  by  their  national  councils  where  such  laws 
are  not  contrary  to  the  treaties  and  laws  of  the  United  States. 


Act  May  2,  1890.  13 

Wilson  v.  Owens,  1  I.  T.  103,  38  S.  W.  976,  8G  Fed.  572. 

Carter  v.  U.  S.,  1  I.  T.  342,  37  S.  W.  204. 

Graham  v.  Stowe,  1  I.  T.  405,  37  S.  W.  837. 

Noble  v.  Worthy,  1   I.  T.  523,  45   S.  W.   137. 

Schwab  Clothing  Co.  v.  Cromer,  1  I.  T.  661,  43  S.  W.  951. 

Myers  v.  Mathis,  2  I.  T.  3,  46  S.  W.  178. 

White  v.  White,  2   I.  T.  35,  47   S.  W.  355. 

In  re  Delk's  Estate,  2  I.  T.  572,  52   S.  W.  52. 

Kimberlin  v.  Commission,  3  I.  T.  24,  53  S.  W.  467. 

Maxey  v.  Wright,  3  I.  T.  252.  54  S.  W.  807. 

Springston  v.   Wheeler,   3   I.   T.   393,   58   S.   W.   557. 

In  re  Grayson  et  al.,  3  I.  T.  499,  61   S.  W.  984. 

Arnold  v.  Campbell,  3  I.  T.  552,  64  S.  W.  532. 

Mays  v.  Fricberg,  3  I.  T.  774,  49  S.  W.  52. 

Crowell  v.  Young,  4  I.  T.  36,  148,  64  S.  W.  607,  69  S.  W.  829. 

Luce  v.  Garrett,  4  I.  T.  54,  64  S.  W.  613. 

Engleman  v.  Cable,  4  I.  T.  236,  69   S.  W.   894. 

Foreman  v.  M.  V.  E.  Co..  7  I.  T.  478,  104  S.  W.  806. 

Scroggins  v  Oliver,  7   I.  T.   740,   104   S.  W.   1161. 

Burdett  v.   Burdett,  26  Okla.  416,   109  Pac.  922. 

England  Bra*,  v.  Young,  26  Okla.  494,   110  Pac.  895. 

Bruner  v.  Sanders,  26  Okla.  673,  110  Pac.  730. 

Keel   v.   Ingersol,  27   Okla.   117,   111   Pac.   214. 

MaHarry  v.  Eatman,  29  Okla.  46,  116  Pac.  935. 

Frank  Oil  Co.  v.  Belleview  Oil  &  Gas  Co.,  29  Okla.   719,   119  Pac. 

260. 
In  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 
Steele  v.  Kelley,  32  Okla.  547,  122  Pac.  934. 
Salmon  v.  Mills,  49  Fed.  333. 
Eddy  v.  LaFayette,  49  Fed.  798. 
McClellan  v.  Pyeatt,  50  Fed.  686,  66  Fed.  843. 
Pyeatt  v.  Powell,  51   Fed.  551. 
Burton  v.  Platter,  53  Fed.  901. 
Ardmore  Coal  Co.  v.  Bevil,  61   Fed.  757. 
Leak  Glove  Manuf'g  Co.  v.  Needles,  69  Fed.  68. 
Noyes  v.  Neel,  100  Fed.  555. 

Evans-Snider  Buell  Co.  v.  McFadden,  105  Fed.  293. 
Morrison  v.  Burnette,  154  Fed.  617. 
Ex  parte  Mayfield,   141  U.  S.   107,  35  L.  Ed.  635. 
Talton  v.  Mayes,  163  U.  S.  377,  41  L.  Ed.  196. 

Sec.  32.     That  the  word  "county,"  as  used  in  any  of  the 
laws"  of  Arkansas  which  are  put  in  force  in  the  Indian  Terri- 


14  Act  May  2,  1890. 

tory  by  the  provisions  of  this  act,  shall  be  construed  to  embrace 
the  territory  within  the  limits  of  a  judicial  division  in  said 
Indian  Territory ;  and  whenever  in  said  laws  of  Arkansas  the 
word  "county"  is  used,  the  words  "judicial  division"  may  be 
substituted  therefor,  in  said  Indian  Territory,  for  the  purpose 
of  this  act. 

And  whenever  in  said  laws  of  Arkansas  the  word  "State," 
or  the  words  "State  of  Arkansas"  are  used,  the  word  "Terri- 
tory," or  the  words  "Indian  Territory,"  may  be  substituted 
therefor,  for  the  purposes  of  this  act,  and  for  the  purpose  of 
making  said  laws  of  Arkansas  applicable  to  the  said   Indian 

Territory. 

But  all  prosecutions  therein  shall  run  in  the  name  of  the 
"United  States." 

Simon  v.  U.  S.,  4  I.  T.  688,  76  S.  W.  280. 
Higgins  v.  Brown,  20  Okla.  355.  94  Pac.  703. 
Welch  v.  Ladd,  29  Okla,  93,  116  Pac.  573. 

Arkansas  Criminal  Laws  Applicable — Criminal  Jurisdiction. 

Sec.  33.  That  the  provisions  of  Chapter  forty-five  of  the 
said  general  laws  of  Arkansas,  entitled  "Criminal  law,"  except 
as  to  the  crimes  and  misdemeanor  mentioned  in  the  provisos 
to  this  section,  and  the  provisions  of  chapter  forty-six  of  said 
general  laws  of  Arkansas,  entitled  "Criminal  Procedure,"  as 
far  as  they  are  applicable,  are  hereby  extended  over  and  put 
in  force  in  the  Indian  Territory,  and  jurisdiction  to  enforce 
said  provisions  is  hereby  conferred  upon  the  United  States 
court  therein : 

Provided,  That  in  all  cases  where  the  laws  of  the  United 
States  and  the  said  criminal  laws  of  Arkansas  have  provided 
for  the  punishment  of  the  same  offenses  the  laws  of  the  United 
States  shall  govern  as  to  such  offenses : 

And  provided  further,  That  the  United  States  circuit  and 
district  courts,  respectively,  for  the  western  district  of  Ar- 
kansas and  the  eastern  district  of  Texas,  respectively,  shall 
continue  to  exercise  exclusive  jurisdiction  as  now  provided  by 


Act  May  2,  1890.  15 

law  in  the  Indian  Territory  as  defined  in  this  act,  in  their  re- 
spective districts  as  heretofore  established,  over  all  crimes  and 
misdemeanors  against  the  laws  of  the  United  States  applicable 
to  the  said  Territory,  which  are  punishable  by  said  laws  of 
the  United  States  by  death  or  by  imprisonment  at  hard  labor, 
except  as  otherwise  provided  in  the  following  sections  of  this 
act. 

Watkins  v.  U.  S.,  1  I.  T.  364,  41   S.  W.  1044. 
Williams  v.  U.  S..  4  I.  T.  204,  69  S.  W.  849. 
Glover  v.  U.  S.,  6  I.  T.  262,  91  S.  W.  41. 
Ex  parte  Curlee,  20  Okla.   192,  95  Pac.  414. 
Higgins  v.  Brown,  20  Okla.  355,  94  Pac.  703. 
Ex  parte  Johnson,  167  U.  S.  119,  42  L.  Ed.  103. 

(Sections  34  to  t>7  relate  to  crimes  and  criminal  procedure.) 

Marriages — Tribal  Marriages  Valid. 

Sec.  38.  The  clerk  and  deputy  clerks  of  said  United  States 
court  shall  have  the  power  within  their  respective  divisions  to 
issue  marriage  licenses  or  certificates  and  to  solemnize  mar- 
riages. They  shall  keep  copies  of  all  marriage  licenses  or  cer- 
tificates issued  by  them,  and  a  record  book  in  which  shall  be 
recorded  all  licenses  or  certificates  after  the  marriage  has  been 
solemnized,  and  all  persons  authorized  by  law  to  solemnize 
marriages  shall  return  the  license  or  certificate,  after  executing 
the  same,  to  the  clerk  or  deputy  clerk  who  issued  it,  together 
with  his  return  thereon. 

They  shall  also  be  ex-officio  recorders  within  their  respec- 
tive divisions,  and  as  such  they  shall  perform  such  duties  as 
are  required  of  recorders  of  deeds  under  the  said  laws  of  Ar- 
kansas, and  receive  the  fees  and  compensation  therefor  which 
are  provided  in  said  laws  of  Arkansas  for  like  service : 

Provided,  That  all  marriages  heretofore  contracted  under 
the  laws  or  tribal  customs  of  any  Indian  nation  now  located  in 
the  Indian  Territory  are  hereby  declared  valid,  and  the  issue 
of  such  marriages  shall  be  deemed  legitimate  and  entitled  to 
all  inheritances  of  property  or  other  rights,  the  same  as  in  the 
case  of  the  issue  of  other  forms  of  lawful  marriage : 


1 6  Act  May  2,  1890. 

Provided  further,  That  said  chapter  one  hundred  and  three 
of  said  laws  of  Arkansas  shall  not  be  construed  so  as  to  inter- 
fere with  the  operation  of  the  laws  governing  marriage  enacted 
by  any  of  the  civilized  tribes,  nor  to  confer  any  authority  upon 
any  officer  of  said  court  to  unite  a  citizen  of  the  United  States 
in  marriage  with  a  member  of  any  of  the  civilized  nations  un- 
til the  preliminaries  to  such  marriage  shall  have  first  been  ar- 
ranged according  to  the  laws  of  the  nation  of  which  said  In- 
dian person  is  a  member : 

And  provided  further,  That  where  such  marriage  is  required 
by  law  of  an  Indian  nation  to  be  of  record,  the  certificate  of 
such  marriage  shall  be  sent  for  record  to  the  proper  officer,  as 
provided  in  such  law  enacted  by  the  Indian  nation. 

Oklahoma  Land  Co.  v.  Thomas,  127  Pac.  8. 

United  States  Commissioners — Jurisdiction. 

Sec.  39.  That  the  United  States  court  in  the  Indian  Terri- 
tory shall  have  all  the  powers  of  the  United  States  circuit 
courts  or  circuit  court  judges  to  appoint  commissioners  within 
said  Indian  Territory,  who  shall  be  learned  in  the  law,  and 
shall  be  known  as  United  States  commissioners ;  but  not  ex- 
ceeding three  commissioners  shall  be  appointed  for  any  one 
division,  and  such  commissioners  when  appointed  shall  have, 
within  the  district  to  be  designated  in  the  order  appointing 
them,  all  the  powers  of  commissioners  of  circuit  courts  of  the 
United  States. 

Thev  shall  be  ex-officio  notaries  public,  and  shall  have  power 
to  solemnize  marriages. 

The  provisions  of  chapter  ninety-one  of  the  said  laws  of 
Arkansas,  regulating  the  jurisdiction  and  procedure  before  jus- 
tices of  the  peace,  are  hereby  extended  over  the  Indian  Terri- 
tory ; 

And  said  commissioners  shall  exercise  all  the  powers  con- 
ferred bv  the  laws  of  Arkansas  upon  justices  of  the  peace  with- 
in their  districts ;  but  they  shall  have  no  jurisdiction  to  try 
any  cause  where  the  value  of  the  thing  or  the  amount  in  con- 
troversy exceeds  one  hundred  dollars. 


Act  May  2,  1890.  17 

Appeals  may  be  taken  from  the  final  judgment  of  said  com- 
missioners to  the  United  States  court  in  said  Indian  Territory 
in  all  cases  and  in  the  same  manner  that  appeals  may  be  taken 
from  the  final  judgments  of  justices  of  the  peace  under  the 
provisions  of  said  chapter  ninety-one. 

The  said  court  may  appoint  a  constable  for  each  of  the  com- 
missioner's districts  designated  by  the  court,  and  the  constable 
so  appointed  shall  perform  all  the  duties  required  of  constables 
under  the  provisions  of  chapter  twenty-four  and  other  laws  of 
the  State  of  Arkansas. 

Each  commissioner  and  constable  shall  execute  to  the  United 
States,  for  the  security  of  the  public,  a  good  and  sufficient 
bond,  in  the  sum  of  five  thousand  dollars,  to  be  approved  by 
the  judge  appointing  him,  conditioned  that  he  will  faithfully 
discharge  the  duties  of  his  office  and  account  for  all  moneys 
coming  into  his  hands,  and  he  shall  take  an  oath  to  suppor: 
the  Constitution  of  the  United  States  and  to  faithfully  per- 
form the  duties  required  of  him. 

The  appointments  of  United  States  commissioners  by  said 
court  held  at  Muskogee,  in  the  Indian  Territory,  heretofore 
made,  and  all  acts  in  pursuance  of  law  and  in  good  faith  per- 
formed by  them,  are  hereby  ratified  and  validated. 

First  Nat'l  Bank  of  Vinita  v.  First  Nat']  Bank  of  Pryor,  24  Okla. 

140,  103  Pac.  685. 
Evarts  v.  Town  of  Bixby,  24  Okla.   176,  103  Pac.  621. 
Dennee  v.  Cromer,  114  Fed.  623. 

Crimes — Arrest — Procedure. 

Sec.  40.  That  persons  charged  with  any  offense  or  crime 
in  the  Indian  Territory  and  for  whose  arrest  a  warrant  has 
been  issued,  may  be  arrested  by  the  United  States  marshal  or 
any  of  his  deputies,  wherever  found  in  said  Territory,  but  in 
all  cases  the  accused  shall  be  taken,  for  preliminary  examina- 
tion, before  the  commissioner  in  the  judicial  division  whose 
office  or  place  of  business  is  nearest  by  the  route  usually  trav- 
eled to  the  place  where  the  offense  or  crime  was  committed ; 
VCT2 


1 8  Act  May  2,  1890. 

but  this  section  shall  apply  only  to  crimes  or  offenses  over 
which  the  courts  located  in  the  Indian  Territory  have  jurisdic- 
tion: 

Provided,  That  in  all  cases  where  persons  have  been  brought 
before  a  United  States  commissioner  in  the  Indian  Territory 
for  preliminary  examination,  charged  with  the  commission  ot 
any  crime  therein,  and  where  it  appears  from  the  evidence 
that  a  crime  has  been  committed,  and  that  there  is  probable 
cause  to  believe  the  accused  guilty  thereof,  but  that  the  crime 
is  one  over  which  the  courts  in  the  Indian  Territory  have  no 
jurisdiction,  the  accused  shall  not,  on  that  account,  be  dis- 
charged, but  the  case  shall  be  proceeded  with  as  provided  in 
section  ten  hundred  and  fourteen  of  the  Revised  Statutes  of 
the  United  States. 

Extradition  of  Fugitives  from  Justice. 

Sec.  41.  That  the  judge  of  the  United  States  Court  in  the 
Indian  Territory  shall  have  the  same  power  to  extradite  per- 
sons who  have  taken  refuge  in  the  Indian  Territory,  charged 
with  crimes  in  the  States  or  other  Territories  of  the  United 
States,  that  may  now  be  exercised  by  the  governor  of  Arkansas 
in  that  State,  and  he  may  issue  requisitions  upon  governors 
of  States  and  other  Territories,  for  persons  who  have  com- 
mitted offenses  in  the  Indian  Territory,  and  who  have  taken 
refuge  in  such  States  or  Territories. 

Ex  parte  Dickson,  4  I.  T.  481,  69  S.  W.  943. 

Appeals,  to  United  States  Supreme  Court. 

Sec  42.  That  appeals  and  writs  of  error  may  be  taken  and 
prosecuted  from  the  decisions  of  the  United  States  court  in 
the  Indian  Territory  to  the  Supreme  Court  of  the  United 
States  in  the  same  manner  and  under  the  same  regulations  as 
from  the  circuit  courts  of  the  United  States,  except  as  other- 
wise provided  in  this  act. 

Naturalization  of  Indians. 

Sec  43.  That  any  member  of  any  Indian  tribe  or  nation 
residing  in  the  Indian  Territory  may  apply  to  the  United  States 


Act  March  i,  1895.  19 

court  therein  to  become  a  citizen  of  the  United  States,  and 
such  court  shall  have  jurisdiction  thereof  and  shall  hear  and 
determine  such  application  as  provided  in  the  statutes  of  the 
United  States ;  _ 

And  the  Confederated  Peoria  Indians  residing  in  the  Qua- 
paw  Indian  Agency,  who  have  heretofore  or  who  may  here- 
after accept  their  land  in  severalty  under  any  of  the  allotment 
laws  of  the  United  States,  shall  be  deemed  to  be,  and  are 
hereby,  declared  to  be  citizens  of  the  United  States  from  and 
after  the  selection  of  their  allotments,  and  entitled  to  all  the 
rights,  privileges,  and  benefits  as  such,  and  parents  are  hereby 
declared  from  that  time  to  have  been  and  to  be  the  legal  guar- 
dians of  their  minor  children  without  process  of  court: 

Provided,  That  the  Indians  who  become  citizens  of  the 
United  States  under  the  provisions  of  this  act  do  not  forfeit 
or  lose  any  rights  or  privileges  they  enjoy  or  are  entitled  to 
as  members  of  the  tribe  or  nation  to  which  they  belong.- 

Raymond  v.  Raymond,  1  I.  T.  334,  37  S.  W.  202. 
Roff  v.  Burney,  168  U.  S.  220,  42  L.  Ed.  442. 

Sec.  44.     (Makes  appropriation.) 


EXTRACTS  FROM 

Act  of  Congress,  Approved  March   1,   1895. 

AN  ACT  TO  PROVIDE   FOR  THE  APPOINTMENT  OF 

ADDITIONAL   JUDGES    OF   THE    UNITED   STATES   COURT 

IN  THE  INDIAN  TERRITORY,  AND  FOR  OTHER  PURPOSES. 

(28  Stat.  L.  693.) 

Indian  Territory — Three  Judicial  Districts  Created. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  terri- 
tory known  as  the  Indian  Territory,  now  within  the  jurisdic- 


20  Act  March  i}  1895. 

tion  of  the  United  States  court  in  said  Territory,  is  hereby 
divided  into  three  judicial  districts,  to  be  known  as  the  north- 
ern, central,  and  southern  districts,  and  at  least  two  terms  of 
the  United  States  court  in  the  Indian  Territory  shall  be  held 
each  year  at  each  place  of  holding  court  in  each  district  at 
such  regular  times  as  the  judge  for  such  district  shall  fix  and 
determine. 

The  northern  district  shall  consist  of  all  the  Creek  country, 
all  of  the  Seminole  country,  all  of  the  Cherokee  country,  all 
of  the  country  occupied  by  the  Indian  tribes  in  the  Ouapaw 
Indian  Agency,  and  the  town  site  of  the  Miami  Townsite  Com- 
pany, and  the  places  of  holding  courts  in  said  district  shall  be- 
at Vinita,  Miami,  Tahlequah,  and  Muskogee. 

The  central  district  shall  consist  of  all  the  Choctaw  coun- 
try, and  the  places  of  holding  courts  in  said  district  shall  be 
at  South  McAllister,  Atoka,  Antlers,  and  Cameron. 

The  southern  district  shall  consist  of  all  the  Chickasaw 
country,  and  the  places  of  holding  courts  in  said  district  shall 
be  at  Ardmore,  Purcell,  Pauls  Valley,  Ryan,  and  Chickasha. 

Watkins  v.  U.  S.,  3  I.  T.  281,  54  S.  W.  819. 

Section  2.  That  there  shall  be  appointed  by  the  President, 
by  and  with  the  advice  and  consent  of  the  Senate,  two  addi- 
tional judges  of  the  United  States  court  in  said  Indian  Terri- 
tory, who  shall  hold  their  respective  offices  for  the  term  of 
four  years  from  the  date  of  their  appointment,  unless  sooner 
removed  as  provided  by  law,  one  of  whom  shall  be  the  judge 
of  the  northern  district  and  the  other  shall  be  the  judge  of  the 
southern  district ;  and  the  judge  of  the  United  States  court  now 
in  office  shall,  from  and  after  said  appointments,  be  the  judge 
of  the  central  district,  and  shall  hold  his  office  for  the  term  for 
which  he  was  appointed,  and  during  the  period  of  their  serv- 
ice said  judges  shall  reside  in  the  judicial  districts  for  which 
they  are  appointed  :  and  said  judges  of  the  northern  and  south- 
ern districts  shall  each  take  the  oath  of  office  required  by  law 


Act  March  i,  1895.  21 

to  be  taken  by  the  judges  of  the  district  courts  of  the  United 
States. 

Eberle  v.  King,  20  Okla.  55,  93  Pac.  748. 

Sale,  etc.,  of  Liquors  Prohibited. 

Sec.  8.  That  any  person,  whether  an  Indian  or  otherwise, 
who  shall,  in  said  Territory,  manufacture,  sell,  give  away,  or  in 
any  manner,  or  by  any  means  furnish  to  anyone,  either  for  him- 
self or  another,  any  vinous,  malt,  or  fermented  liquors,  or  any 
other  intoxicating  drinks  of  any  kind  whatsoever,  whether 
medicated  or  not,  or  who  shall  carry,  or  in  any  manner  have 
carried,  into  said  Territory  any  such  liquors  or  drinks,  or  who 
shall  be  interested  in  such  manufacture,  sale,  giving  away,  fur- 
nishing to  anyone,  or  carrying  into  said  Territory  any  of  such 
liquors  or  drinks,  shall,  upon  conviction  thereof,  be  punished 
by  fine  not  exceeding  five  hundred  dollars  and  by  imprison- 
ment for  not  less  than  one  month  nor  more  than  five  years. 

Parris  v.  U.  S.,   1  I.  T.  43,  35  S.  W.  243. 
U.  S.  v.  Cohen,  2  I.  T.  474,  52  S.  W.  38. 
U.  S.  v.  Buckles,  6   I.  T.  319,  97  S.  W.   1022. 
Parraenter  v.  U.   S.,  6  I.   T.  530,   98  S.   W.   340. 
Burch  v  U.  S.,  7  I.  T.  284,  104  S.  W.  619. 
State  v.  89  Casks  of  Beer,  128  Pac.  267. 
In  re  Webb,  225  U.  S.  663,  56  L.  Ed.  1248. 

Indian  Territory  Court  of  Appeals. 

Sec.  11.  That  the  judges  of  said  court  shall  constitute  a 
court  of  appeals,  to  be  presided  over  by  the  judge  oldest  in 
commission  as  chief  justice  of  said  court;  and  said  court  shall 
have  such  jurisdiction  and  powers  in  said  Indian-  Territory 
and  such  general  superintending  control  over  the  courts  thereof 
as  is  conferred  upon  the  supreme  court  of  Arkansas  over  the 
courts  thereof  by  the  laws  of  said  State,  as  provided  by  chap- 
ter forty  of  Mansfield's  Digest  of  the  Laws  of  Arkansas,  and 
the  provisions  of  said  chapter,  so  far  as  they  relate  to  the  ju- 
risdiction and  powers  of  said  supreme  court  of  Arkansas  as 
to  appeals  and  writs  of  error,  and  as  to  the  trial  and  decision 


22  Act  March  i,  1895. 

of  causes,  so  far  as  they  are  applicable,  shall  be,  and  they  are 
hereby,  extended  over  and  put  in  force  in  the  Indian  Terri- 
tory; and  appeals  and  writs  of  error  from  said  court  in  said 
districts  to  said  appellate  court,  in  criminal  cases,  shall  be 
prosecuted  under  the  provisions  of  chapter  forty-six  of  said 
Mansfield's  Digest,  by  this  act  put  in  force  in  the  Indian  Terri- 
tory. But  no  one  of  said  judges  shall  sit  in  said  appellate  court 
in  the  determination  of  any  cause  in  which  an  appeal  is  prose- 
cuted from  the  decision  of  any  court  over  which  he  presided. 
In  case  of  said  presiding  judge  being  absent,  the  judge  next 
oldest  in  commission  shall  preside  over  said  appellate  court, 
and  in  such  case  two  of  said  judges  shall  constitute  a  quorum. 
In  all  cases  where  the  court  is  equally  divided  in  opinion,  the 
judgment  of  the  court  below  shall  stand  affirmed. 

Writs  of  error  and  appeals  from  the  final  decision  of  said 
appellate  court  shall  be  allowed,  and  may  be  taken  to  the  cir- 
cuit court  of  appeals  for  the  eighth  judicial  circuit  in  the  same 
manner  and  under  the  same  regulations  as  appeals  are  taken 
from  the  circuit  courts  of  the  United  States.  Said  appellate 
court  shall  appoint  its  own  clerk,  who  shall  hold  office  at  the 
pleasure  of  said  court,  and  who  shall  receive  a  salary  of  one 
thousand  two  hundred  dollars  per  annum.  The  marshal  of 
the  district  wherein  such  appellate  court  shall  be  held  shall  be 
marshal  of  such  court.  Said  appellate  court  shall  be  held  at 
South  McAllister,  in  the  Choctaw  Nation,  and  it  shall  hold 
two  terms  in  each  year,  at  such  times  and  for  such  periods  as 
may  be  fixed  by  the  court. 

Porter  v.  Brook,  21  Okla.  S85,  97  Pac.  645. 

Harless  v.  U.  S.,  88  Fed.  97. 

Lewis  v.  Sittel,  165  Fed.  157. 

Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.  1041. 

Laurel  Oil  Co.  v.  Morrison,  212  U.  S.  291,  52  L.  Ed.  517. 


Acts  Feb.  8,  1896;  Jan.  30,  1897.  23 


AN  ACT  TO  EXTEND  THE  JURISDICTION  OF  THE  UNITED 
STATES  CIRCUIT  COURT  OF  APPEALS,  EIGHTH  CIRCUIT, 
OVER  CERTAIN  SUITS  NOW  PENDING  THEREIN  ON  APPEAL 
AND  WRIT  OF  ERROR  FROM  THE  UNITED  STATES  COURT  IN 
THE  INDIAN  TERRITORY. 

Act   of   Congress,   Approved   February   8,    1896. 

(29  Stat.  L.   6.) 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE 
OF  REPRESENTATIVES  OF  THE  UNITED  STATES 
OF  AMERICA  IN  CONGRESS  ASSEMBLED,  That  the 
jurisdiction  of  the  United  States  circuit  court  of  appeals  for 
the  eighth  judicial  circuit  be,  and  is  hereby,  extended  to  all 
suits  at  law  or  equity  now  pending  therein  upon  writ  of  error 
to  or  appeal  from  the  United  States  court  in  the  Indian  Terri- 
tory in  all  cases  wherein  such  writ  of  error  or  appeal  would 
have  vested  jurisdiction  in  said  circuit  court  of  appeals  but 
for  the  Act  of  Congress  approved  March  first,  eighteen  hun- 
dred and  ninety-five,  entitled  "An  Act  to  provide  for  the  ap- 
pointment of  additional  judges  of  the  United  States  court  in 
the  Indian  Territory,  and  for  other  purposes." 

Grady  v.  Newman,   1   I.  T.  284,  37  S.  W.  54. 


AN  ACT  TO  PROHIBIT  THE  SALE  OF  INTOXICATING 

DRINKS   TO   INDIANS,   PROVIDING   PENALTIES   THEREFOR, 

AND  FOR  OTHER  PURPOSES. 

Act  of  Congress,  Approved  January  30,  1897. 

(29  Stat.  L.  506.) 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  any  per- 
son who  shall  sell,  give  away,  dispose  of,  exchange,  or  barter 
any  malt,  spirituous,  or  vinous  liquor,  including  beer,  ale,  and 
wine,  or  any  ardent  or  other  intoxicating  liquor  of  any  kind 


24  Act  January  30,  1897. 

whatsoever,  or  any  essence,  extract,  bitters,  preparation,  com- 
pound, composition,  or  any  article  whatsoever,  under  any  name, 
label,  or  brand,  which  produces  intoxication,  to  any  Indian  to 
whom  allotment  of  land  has  been  made  while  the  title  to  the 
same  shall  be  held  in  trust  by  the  Government,  or  to  any  In- 
dian a  ward  of  the  Government  under  charge  of  any  Indian 
Superintendent  or  agent,  or  any  Indian,  including  mixed 
bloods,  over  whom  the  Government,  through  its  departments, 
exercises  guardianship,  and  any  person  who  shall  introduce 
or  attempt  to  introduce  any  malt,  spirituous,  or  vinous  liquor, 
including  beer,  ale,  and  wine,  or  any  ardent  or  intoxicating 
liquor  of  any  kind  whatsoever  into  the  Indian  country,  which 
term  shall  include  any  Indian  allotment  while  the  title  to  the 
same  shall  be  held  in  trust  by  the  Government,  or  while  the 
same  shall  remain  inalienable  by  the  allottee  without  the  con- 
sent of  the  United  States,  shall  be  punished  by  imprisonment 
for  not  less  than  sixty  days,  and  by  a  fine  of  not  less  than  one 
hundred  dollars  for  the  first  offense  and  not  less  than  two 
hundred  dollars  for  each  offense  thereafter:  Provided,  how- 
ever, That  the  person  convicted  shall  be  committed  until  fine 
and  costs  are  paid.  But  it  shall  be  a  sufficient  defense  to  any 
charge  of  introducing  or  attempting  to  introduce  ardent  spirits, 
ale,  beer,  wine,  or  intoxicating  liquors  into  the  Indian  country 
that  the  acts  charged  were  done  under  authority,  in  writing, 
from  the  War  Department  or  any  officer  duly  authorized  there- 
unto by  the  War  Department. 

That  so  much  of  the  Act  of  the  twenty-third  day  of  July, 
eighteen  hundred  and  ninety-two,  as  is  inconsistent  with  the 
provisions  of  this  Act  is  hereby  repealed. 

United  States  v.  Cohn,  2  I.  T.  474,  52  S.  W.  38. 
United  States  v.  Buckles,  6  I.  T.  319,  97  S.  W.  1022. 
United  States  v.  U.  S.  Express  Co.,  180  Fed.  1007. 
United  States  Express  Co.  v.  Friedman,   191  Fed.  673. 
Mosier  v.  United  States,  198  Fed.  54. 
Evans  v.  Victor,  199  Fed.  504. 

Clairmont  v.  United  States,  225  U.  S.  551,  56  L.  Ed.  1201. 
In  re  Webb,  225  U  S.  663,  56  L.  Ed.  1248. 


Recording  of  Mortgages.  25 


AN  ACT  RELATING  TO  MORTGAGES  IN  THE  INDIAN  TERRITORY. 
Act  of  Congress,  Approved  February  3,  1897. 

(29  Stat.  L.  510.) 

Arkansas  Law  of  Mortgages  Applicable. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  section 
forty-seven  hundred  and  forty-two  of  Mansfield's  Digest  of 
the  Laws  of  Arkansas,  heretofore  put  in  force  in  the  Indian 
Territory,  is  hereby  amended  by  adding  to  said  section  the  fol- 
lowing : 

"Provided,  That  if  the  mortgagor  is  a  nonresident  of  the 
Indian  Territory  the  mortgage  shall  be  recorded  in  the  judicial 
district  in  which  the  property  is  situated  at  the  time  the  mort- 
gage is  executed.  All  mortgages  of  personal  property  in  the 
Indian  Territory  heretofore  executed  and  recorded  in  the 
judicial  district  thereof  in  which  the  property  was  situated  at 
the  time  they  were  executed  are  hereby  validated." 

McFadden  v.  Blocker,  2   I.  T.  260,  48   S.  W.   1043,  3  I.  T.  230,  54 

S.  W.  873. 
Evans  Snider  Buel  Co.  v.  McFadden,   105  Fed.  293,  185  U.  S.  505, 

46  L.  Ed.  1012. 
National  Live  Stock  Commission  Co.  v.  Talifero,  20  Okla.   180,  93 

Pac.  983. 
Hales  v.  Zander,  24  Okla.  246,  103  Pac.  669. 


26  Act  March  3,  1901. 

CITIZENSHIP  ACCORDED  INDIANS. 

Act   of   Congress,   Approved   March    3,    1901. 

(31  Stat.  L.  1447.) 

AN   ACT   TO  AMEND  SECTION   SIX,   CHAPTER  ONE 

HUNDRED  AND  NINETEEN,  UNITED  STATES  STATUTES 

AT  LARGE   NUMBERED  TWENTY-FOUR. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  section 
six  of  chapter  one  hundred  and  nineteen  of  the  United 
States  Statutes  at  Large  numbered  twenty-four,  page  three 
hundred  and  ninety,  is  hereby  amended  as  follows,  to  wit : 
After  the  words  "civilized  life,"  in  line  thirteen  of  said  section 
six,  insert  the  words  "and  every  Indian  in  Indian  Territory." 

Approved  February  8,   1887. 

(Section  six  of  Chapter  one  hundred  and  nineteen  United 
States  Statutes  at  large  numbered  Twenty-four  is  as  follows.^ 

(24  Stat.  L.  388.) 

That  upon  the  completion  of  said  allotments  and  the  pat- 
enting of  the  lands  to  said  allottees,  each  and  every  member 
of  the  respective  bands  or  tribes  of  Indians  to  whom  al- 
lotments have  been  made  shall  have  the  benefit  of  and  be 
subject  to  the  laws,  both  civil  and  criminal,  of  the  State  or 
Territory  in  which  they  may  reside ;  and  no  Territory  shall 
pass  or  enforce  any  law  denying  any  such  Indian  within  its 
jurisdiction  the  equal  protection  of  the  law ; 

And  every  Indian  born  within  the  territorial  limits  of  the 
United  States  to  whom  allotments  shall  have  been  made  under 
the  provisions  of  this  act,  or  under  any  law  or  treaty,  and 
every  Indian  born  within  the  territorial  limits  of  the  United 
States  who  has  voluntarily  taken  up,  within  said  limits,  his 
residence  separate  and  apart  from  any  tribe  of  Indians  therein, 


Enid  and  Anadarko  Act.  27 

and  has  adopted  the  habits  of  civilized  life  (here  insert  amend- 
ing words),  is  hereby  declared  to  be  a  citizen  of  the  United 
States,  and  is  entitled  to  all  the  rights,  privileges,  and  im- 
munities of  such  citizens,  whether  said  Indian  has  been  or 
not,  by  birth  or  otherwise,  a  member  of  any  tribe  of  Indians 
within  the  territorial  limits  of  the  United  States  without  in 
any  manner  impairing  or  otherwise  affecting  the  right  of  any 
such  Indian  to  tribal  or  other  property. 

Zevely  v.  Weimer,  5  I.  T.  688,  82  S.  W.  941. 
Godfrey  v.  Iowa  Land  &  Trust  Co.,  21  Okla.  293,  95  Pac.  792. 
Western  Investment  Co.  v.  Kistler,  22  Okla.  222,  97  Pac.  588. 
United  States  v.  Allen,  171  Fed.  907. 
And  see: 

Goodrum  v.   Buffalo,    162   Fed.   S17. 
Bowling  v.  U.  S.,  191  Fed.   19. 


AN  ACT  TO  GRANT  THE  PJGHT  OF  WAY  THROUGH 

THE  OKLAHOMA  TERRITORY  AND  THE  INDIAN  TERRITORY 

TO  THE  ENID  AND  ANADARKO  RAILWAY  COMPANY,  AND  FOR 

OTHER  PURPOSES. 

Act  of  Congress,  Approved  February  28,  1902. 

(32  Stat.  L.  43.) 

Right  of  Way — Location — Construction. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  Enid 
and  Andarko  Railway  Company,  a  corporation  created  under 
and  by  virtue  of  the  laws  of  the  Territory  of  Oklahoma,  be, 
and  the  same  is  hereby  invested  and  empowered  with  the 
right  of  locating,  constructing,  owning,  equipping,  operating, 
using,  and  maintaining  a  railway  and  telegraph,  and  telephone 
line  through  the  Territory  of  Oklahoma  and  the  Indian  Ter- 
ritory, beginning  at  a  point  on  its  railway  between  Anadarko 
and  Watonga,   in   the  Territory   of   Oklahoma,   thence   in   an 


28  Enid  and  Anadarko  Act. 

easterly  direction  by  the  most  practicable  route  to  a  point  on 
the  eastern  boundary  of  the  Indian  Territory  near  Fort  Smith, 
in  the  State  of  Arkansas,  together  with  such  branch  lines  to 
be  built  from  any  point  on  the  line  above  described  to  any 
other  point  in  the  Indian  Territory  as  said  railway  company 
may  at  any  time  hereafter  decide  to  construct,  with  the  right 
to  construct,  use,  and  maintain  such  tracks,  turn-outs,  sid- 
ings, and  extensions  as  said  company  may  deem  it  to  its  in- 
terest to  construct  along  and  upon  the  right  of  way  and  depot 
grounds  hereby  granted. 

Right  of  Way — Width — Stations: — Reversion  for  Nonuser. 

Section  2.  That  said  corporation  is  authorized  to  take  and 
use  for  all  purposes  of  a  railway,  and  for  no  other  purpose,  a 
right  of  way  one  hundred  feet  in  width  through  said  Okla- 
homa Territory  and  said  Indian  Territory,  and  to  take  and 
use  a  strip  of  land  two  hundred  feet  in  width  ;  with  a  length 
of  two  thousand  feet,  in  addition  to  right  of  way,  for  stations, 
for  every  eight  miles  of  road,  with  the  right  to  use  such  ad- 
ditional ground  where  there  are  heavy  cuts  or  fills,  as  may  be 
necessary  for  the  construction  and  maintenance  of  the  road- 
bed, not  exceeding  one  hundred  feet  in  width  on  each  side 
of  said  right  of  way,  or  as  much  thereof  as  may  be  included 
in  said  cut  or  fill :  Provided,  That  no  more  than  said  addition 
of  land  shall  be*  taken  for  any  one  station :  Provided  further, 
That  no  part  of  the  lands  herein  authorized  to  be  taken  shall 
be  leased  or  sold  by  the  company,  and  they  shall  not  be  used 
except  in  such  manner  and  for  such  purposes  only  as  shall 
be  necessary  for  the  construction  and  convenient  operation 
of  said  railway,  telegraph,  and  telephone  lines ;  and  when 
any  portion  thereof  shall  cease  to .  be  so  used  such  portion 
shall  revert  to  the  nation  or  tribe  of  Indians  from  which  the 
same  shall  have  been  taken. 

Damages — Compensation — Condemnation — Appraisal — Appeal. 

Sec.  3.  That  before  said  railway  shall  be  constructed 
through  any  lands  held  by  individual  occupants  according  to 


Enid  and  Anadarko  Act.  29 

the  laws,  customs,  and  usages  of  any  of  the  Indian  nations  or 
tribes  through  which  it  may  be  constructed,  full  compensation 
shall  be  made  to  such  occupants  for  all  property  to  be  taken 
or  damage  done  by  reason  of  the  construction  of  such  rail- 
way. In  case  of  failure  to  make  amicable  settlement  with  any 
occupant,  such  compensation  shall  be  determined  by  the  ap- 
praisement of  three  disinterested  referees,  to  be  appointed, 
one  (who  shall  act  as  chairman)  by  the  Secretary  of  the  In- 
terior, one  by  the  chief  of  the  nation  to  which  said  occupant 
belongs,  and  one  by  said  railway  company,  who,  before  en- 
tering upon  the  duties  of  their  appointment,  shall  take  and  sub- 
scribe, before  a  district  judge,  clerk  of  a  district  court,  or 
United  States  commissioner,  an  oath  that  they  will  faithfully 
and  impartially  discharge  the  duties  of  their  appointment, 
which  oath,  duly  certified,  shall  be  returned  with  their  award 
to  and  filed  with  the  Secretary  of  the  Interior  within  sixty 
days  from  the  completion  thereof;  and  a  majority  of  said 
referees  shall  be  competent  to  act  in  case  of  the  absence  of  a 
member,  after  due  notice.  And  upon  the  failure  of  either 
party  to  make  such  appointment  within  thirty  days  after  the 
appointment  made  by  the  Secretary  of  the  Interior,  the  va- 
cancy shall  be  filled  by  a  judge  of  the  United  States  court  for 
the  Indian  Territory  upon  the  application  of  the  other  party. 
The  chairman  of  said  board  shall  appoint  the  time  and  place 
for  all  hearings  within  the  nation  to  which  such  occupant  be- 
longs :  Each  of  said  referees  shall  receive  for  his  services 
the  sum  of  four  dollars  per  day  for  each  day  they  are  engaged 
in  the  trial  of  any  case  submitted  to  them  under  this  Act, 
with  mileage  at  five  cents  per  mile.  Witnesses  shall  receive 
the  usual  fees  allowed  by  the  courts  of  said  nations.  Costs, 
including  compensation  of  the  referees,  shall  be  made  a  part 
of  the  award,  and  be  paid  bv  such  railwav  companv.  In  case 
the  referees  can  not  agree,  then  any  two  of  them  are  author- 
ized to  make  the  award.  Either  party  being  dissatisfied  with 
the  finding  of  the  referees  shall  have  the  right,  within  ninetv 
davs  after  the  making  of  the  award  and  notice  of  the  same. 


30  Enid  and  Anadarko  Act. 

to  appeal  by  original  petition  to  the  United  States  court  for 
the  Indian  Territory,  which  court  shall  have  jurisdiction  to 
hear  and  determine  the  subject-matter  of  said  petition,  ac- 
cording to  the  laws  of  the  Territory  in  which  the  same  shall 
be  heard  provided  for  determining  the  damage  when  property 
is  taken  for  railroad  purposes.  If  upon  the  hearing  of  said  ap- 
peal the  judgment  of  the  court  shall  he  for  a  larger  sum  than 
the  award  of  the  referees,  the  cost  of  said  appeal  shall  be  ad- 
judged against  the  railway  company.  If  the  judgment  of  the 
court  shall  be  for  the  same  sum  as  the  award  of  the  ref- 
erees, then  the  costs  shall  be  adjudged  against  the  appellant. 
If  the  judgment  of  the  court,  shall  be  for  a  smaller  sum  than 
the  award  of  the  referees,  then  the  costs  shall  be  adjudged 
against  the  party  claiming  damages.  When  proceedings  have 
been  commenced  in  court,  the  railway  company  shall  pay 
double  the  amount  of  the  award  into  court  to  abide  the  judg- 
ment thereof,  and  then  have  the  right  to  enter  upon  the  prop- 
erty sought  to  be  condemned  and  proceed  with  the  construction 
of  the  railway. 

Freight  and  Passenger  Charges — Carrying  Mail. 

Sec.  4,  That  said  railway  company  shall  not  charge  the 
inhabitants  of  said  Territory  a  greater  rate  of  freight  than 
the  rate  authorized  by  the  laws  of  the  Territory  of  Oklahoma 
for  services  or  transportation  of  the  same  kind :  Provided, 
That  passenger  rates  on  said  railway  shall  not  exceed  three 
cents  per  mile.  Congress  hereby  reserves  the  right  to  regulate 
the  charges  for  freight  and  passengers  on  said  railway  and 
messages  on  said  telegraph  and  telephone  lines  until  a  State 
government  or  governments  shall  exist  in  said  Territory  with- 
in the  limits  of  which  said  railway,  or  a  part  thereof,  shall  be 
located ;  and  then  such  State  government  or  governments  shall 
be  authorized  to  fix  and  regulate  the  cost  of  transportation 
of  persons  and  freights  within  their  respective  limits  by  said 
railway;  but  Congress  expressly  reserves  the  right  to  fix  and 
regulate  at  all  times  the  cost  of  such  transportation  by  said 


Enid  and  Anadarko  Act.  31 

railway  or  said  company  whenever  such  transportation  shall 
extend  from  one  State  into  another,  or  shall  extend  into  more 
than  one  State :  Provided,  however,  That  the  rate  of  such 
transportation  of  passengers,  local  or  interstate,  shall  not  ex- 
ceed the  rate  above  expressed :  And  provided  further,  That 
said  railway  company  shall  carry  the  mail  at  such  prices  as 
Congress  may  by  law  provide ;  and  until  such  rate  is  fixed  by 
law  the  Postmaster-General  may  fix  the  rate  of  compensation. 

Payment  to  Tribes — Appeal — Annual  Rental — Taxation. 

Sec.  5.  That  said  railway  company  shall  pay  to  the  Secre- 
tary of  the  Interior,  for  the  benefit  of  the  particular  nations 
or  tribes  through  whose  lands  said  main  line  and  branches 
may  be  located,  the  sum  of  fifty  dollars,  in  addition  to  com- 
pensation provided  for  in  this  Act  for  property  taken  and 
damages  done  to  individual  occupants  by  the  construction  of 
the  railway,  for  each  mile  of  railway  that  it  may  construct  in 
said  Territory,  said  payments  to  be  made  in  installments  of 
five  hundred  dollars  as  each  ten  miles  of  road  is  graded: 
Provided,  That  if  the  general  council  of  said  nations  or  tribes 
through  whose  lands  said  railway  may  be  located  or  the  prin- 
cipal executive  officer  of  the  tribe  if  the  general  council  be 
not  in  session  shall,  within  four  months  after  the  filing  of 
maps  of  definite  location,  as  set  forth  in  section  six  of  this 
Act,  dissent  from  the  allowances  provided  for  in  this  section, 
and  shall  certify  the  same  to  the  Secretary  of  the  Interior, 
then  all  compensation  to  be  paid  to  such  dissenting  nation  or 
tribe  under  the  provisions  of  this  Act  shall  be  determined  as 
provided  in  section  three  for  the  determination  of  the  com- 
pensation to  be  paid  to  the  individual  occupant  of  lands,  with 
the  right  of  appeal  to  the  courts  upon  the  same  terms,  condi- 
tions, and  requirements  as  therein  provided :  Provided  fur- 
ther, That  the  amount  awarded  or  adjudged  to  be  paid  by 
said  railway  company  for  said  dissenting  nation  or  tribe  shall 
be  in  lieu  of  the  compensation  that  said  nation  or  tribe  would 
be  entitled  to  receive  under  the  foregoing  provisions.     Said 


2,2  Enid  and  Anadarko  Act. 

company  shall  also  pay,  so  long  as  said  Territory  is  owned 
and  occupied  by  the  Indians  in  their  tribal  relations,  to  the 
Secretary  of  the  Interior  the  sum  of  fifteen  dollars  per  annum 
for  each  mile  of  railway  it  shall  construct  in  said  Territory. 
The  money  paid  to  the  Secretary  of  the  Interior  under  the 
provisions  of  this  Act  shall  be  apportioned  by  him  in  accord- 
ance with  the  laws  and  treaties  now  in  force  between  the 
United  States  and  said  nations  or  tribes,  according  to  the 
number  of  miles  of  railway  that  may  be  constructed  by  said 
railway  company  through  their  lands :  Provided,  That  Con- 
gress shall  have  the  right,  so  long  as  said  lands  are  occupied 
and  possessed  by  said  nation  or  tribe,  to  impose  such  additional 
taxes  upon  said  railway  as  it  may  deem  just  and  proper  for 
their  benefit ;  and  any  Territory  or  State  hereafter  formed 
through  which  said  railway  shall  have  been  established  may 
exercise  the  like  power  as  to  such  part  of  said  railway  as  may 
lie  within  its  limits.  Said  railway  company  shall  have  the 
right  to  survey  and  locate  its  railway  immediately  after  the 
passage  of  this  Act. 

Maps  of  Location  to  Be  Filed. 

Sec.  6.  That  said  company  shall  cause  maps,  showing  the 
route  of  its  located  line  through  said  Territory,  to  be  filed 
in  the  office  of  the  Secretary  of  the  Interior,  and  also  to  be 
filed  in  the  office  of  the  principal  chief  of  each  of  the  nations 
or  tribes  through  whose  lands  said  railway  may  be  located, 
and  after  the  filing  of  said  maps  no  claim  for  a  subsequent 
settlement  and  improvement  upon  the  right  of  way  shown 
by  said  maps  ■  shall  be  valid  as  against  said  company :  Pro- 
vided, That  when  a  map  showing  any  portion  of  said  rail- 
way company's  located  line  is  filed  as  herein  provided  for, 
said  company  shall  commence  grading  said  located  line  within 
six  months  thereafter,  or  such  location  shall  be  void ;  and 
said  location  shall  be  approved  by  the  Secretary  of  the  In- 
terior in  sections  of  twenty-five  miles  before  construction  of 
any  such  section  shall  be  begun. 


Enid  and  Anadarko  Act.  33 

Employees  May  Reside  on  Right  of  Way. 

Sec.  7.  That  the  officers,  servants,  and  employees  of  said 
company  necessary  to  the  construction  and  management  of 
said  road  shall  be  allowed  to  reside,  while  so  engaged,  upon 
such  right  of  way.  but  subject  to  the  provisions  of  the  Indian 
intercourse  laws,  and  such  rules  and  regulations  as  may  be 
established  by  the  Secretary  of  the  Interior  in  accordance 
with  said  intercourse  laws. 

Jurisdiction  of  Indian  Territory  Courts. 

Sec.  8.  That  the  United  States  court  for  the  Indian  Terri- 
tory and  such  other  courts  as  may  be  authorized  by  Congress 
shall  have,  without  reference  to  the  amount  in  controversy, 
concurrent  jurisdiction  over  all  controversies  arising  between 
the  said  Enid  and  Anadarko  Railway  Company  and  the  na- 
tion and  tribe  through  whose  territory  said  railway  shall 
be  constructed.  Said  courts  shall  have  like  jurisdiction,  with- 
out reference  to  the  amount  in  controversy,  over  all  controver- 
sies arising  between  the  inhabitants  of  said  nation  or  tribe 
and  said  railway  company;  and  the  civil  jurisdiction  of  said 
courts  is  hereby  extended  within  the  limits  of  said  Indian 
Territory,  without  distinction  as  to  citizenship  of  the  parties, 
so  far  as  may  be  necessary  to  carry  out  the  provisions  of 
this  Act. 

Time  of  Construction. 

Sec.  9.  That  said  railway  company  shall  build  at  least  one- 
tenth  of  its  railway  in  said  Territory  within  one  year  after 
the  passage  of  this  Act,  and  complete  its  road  within  three 
years  after  the  approval  of  its  map  of  location  by  the  Sec- 
retary of  the  Interior  or  the  rights  herein  granted  shall  be  for- 
feited as  to  that  portion  not  built ;  that  said  railway  com- 
pany shall  construct  and  maintain  continually  all  road  and 
highway  crossings  and  necessary  bridges  over  said  railway 
wherever  said  roads  and  highways  do  now  or  may  hereafter 
cross  said  railway's  right  of  way,  or  may  be  by  the  proper 
authorities  laid  out  across  the  same. 

VCT3 


34  Enid  and  Anadarko  Act. 

Acceptance  of  Right  of  Way  by  Railroad. 

Sec.  io.  That  the  said  Enid  and  Anadarko  Railway  Com- 
pany shall  accept  this  right  of  way  upon  the  express  condi- 
tion, binding  upon  itself,  its  successors,  and  assigns,  that 
they  will  neither  aid,  advise,  nor  assist  in  any  effort  looking 
toward  the  changing  or  extinguishing  the  present  tenure  of 
the  Indians  in  their  land,  and  will  not  attempt  to  secure  from 
the  Indian  nation  any  further  grant  of  land,  or  its  occupancy, 
than  is  hereinbefore  provided :  Provided,  That  any  violation 
of  the  condition  mentioned  in  this  section  shall  operate  as  a 
forfeiture  of  all  the  rights  and  privileges  of  said  railway  com- 
pany under  this  Act. 

Railroad  Mortgages  to  Be  Recorded. 

Sec.  ii.  That  all  mortgages  executed  by  said  railway  com- 
pany conveying  any  portion  of  its  railway,  with  its  franchises, 
that  may  be  constructed  in  said  Indian  Territory,  shall  be 
recorded  in  the  Department  of  the  Interior,  and  the  record 
thereof  shall  be  evidence  and  notice  of  their  execution,  and 
shall  convey  all  rights,  franchises,  and  property  of  said  com- 
pany as  therein  expressed. 

Amendments. 

Sec.  12.  That  Congress  may  at  any  time  amend,  add  to, 
alter,  or  repeal  this  Act ;  and  the  right  of  way  herein  and 
hereby  granted  shall  not  be  assigned  or  transferred  in  any 
form  whatever  prior  to  the  construction  and  completion  of 
the  road,  except  as  to  mortgages  or  other  liens  that  may  be 
given  or'  secured  thereon  to  aid  in  the  construction  thereof. 

General  Right  to  Condemn  Right  of  Way  Given  Railroads. 

Sec.  13.  That  the  right  to  locate,  construct,  own,  equip, 
operate,  use,  and  maintain  a  railway  and  telegraph  and  tele- 
phone line  or  lines  into,  in,  or  through  the  Indian  Territory, 
together  with  the  right  to  take  and  condemn  lands  for  right 
of   way,   depot   grounds,   terminals,    and   other    railway   pur- 


Enid  and  Anadarko  Act..  35 

poses,  in  or  through  any  lands  held  by  any  Indian  tribe  or 
nation,  person,  individual,  or  municipality,  in  said  Territory, 
or  in  or  through  any  lands  in  said  Territory  which  have  been 
or  may  hereafter  be  allotted  in  severalty  to  any  individual 
Indian  or  other  person  under  any  law  or  treaty,  whether  the 
same  have  or  have  not  been  conveyed  to  the  allottee,  with 
full  power  of  alienation,  is  hereby  granted  to  any  railway 
company  organized  under  the  laws  of  the  United  States,  or 
of  any  State  or  Territory  which  shall  comply  with  this  Act. 

Right  of  Way — Width — Station  Grounds — Water  Supply. 

Sec.  14.  That  the  right  of  way  of  any  railway  company 
shall  not  exceed  one  hundred  feet  in  width  except  where 
there  are  heavy  cuts  and  fills,  when  one  hundred  feet  ad- 
ditional may  be  taken  on  each  side  of  said  right  of  way; 
bnt  lands  additional  and  adjacent  to  said  right  of  way  may 
be  taken  and  condemned  by  any  railway  company  for  sta- 
tion grounds,  buildings,  depots,  side  tracks,  turnouts,  or  other 
railroad  purposes  not  exceeding  two  hundred  feet  in  width, 
by  a  length  of  two  thousand  feet.  That  additional  lands  not 
exceeding  forty  acres  at  any  one  place  may  be  taken  by  any 
railway  company  when  necessary  for  yards,  roundhouses, 
turntables,  machine  shops,  water  stations,  and  other  railroad 
purposes.  And  when  necessary  for  a  good  and  sufficient 
water  supply  in  the  operation  of  any  railroad,  any  such  rail- 
way company  shall  have  the  right  to  take  and  condemn  addi- 
tional lands  for  reservoirs  for  water  stations,  and  for  such  pur- 
pose shall  have  the  right  to  impound  surface  water  or  build 
dams  across  any  creek,  draw,  canyon,  or  stream,  and  shall  have 
the  right  to  connect  the  same  by  pipe  line  with  the  railroad 
and  take  the  necessary  grounds  for  such  purposes ;  and  any 
railway  company  shall  have  the  right  to  change  or  straighten 
its  line,  reduce  its  grades  or  curves,  and  locate  new  stations 
and  to  take  the  lands  and  right  of  way  necessary  therefor 
under  the  provisions  of  this  Act. 


36  Enid  and  Anadarko  Act. 

Damages — Compensation — Condemnation — Procedure — Appeal — 
Maps,  to  Be  Filed. 

Sec.  15.  That  before  any  railroad  shall  be  constructed  or 
any  lands  taken  or  condemned  for  any  of  the  purposes  set  forth 
in  the  preceding  sections,  full  compensation  for  such  right  of 
way  and  all  land  taken  and  all  damage  done  or  to  be  done 
by  the  construction  of  the  railroad,  or  the  taking  of  any  lands 
for  railroad  purposes,  shall  be  made  to  the  individual  owner, 
occupant,  or  allottee  of  such  lands,  and  to  the  tribe  or  nation 
through  or  in  which  the  same  is  situated :  Provided,  That 
correct  maps  of  the  said  line  of  railroad  in  sections  of  twenty- 
five  miles  each,  and  of  any  lands  taken  under  this  Act,  shad 
be  filed  in  the  Department  of  the  Interior,  and  shall  also  be 
filed  with  the  United  States  Indian  agent  for  Indian  Territ  tv 
and  with  the  principal  chief  or  governor  of  any  tribe  or  na- 
tion through  which  the  lines  of  railroad  may  be  located  or 
in  which   said   lines  are   situated. 

In  case  of  the  failure  of  any  railway  company  to  mako 
amicable  settlement  with  any  individual  owner,  occupant,  al- 
lottee, tribe  or  nation  for  any  right  of  way  or  lands  or  im- 
provements sought  to  be  appropriated  or  condemned  under 
this  Act,  all  compensation  and  damages  to  be  paid  to  the  dis- 
senting individual  owner,  occupant,  allottee,  tribe,  or  nation 
by  reason  of  the  appropriation  and  condemnation  of  said 
right  of  way,  lands,  or  improvements  shall  be  determined  by 
the  appraisement  of  three  disinterested  referees,  to  be  ap- 
pointed by  the  judge  of  the  United  States  court,  or  other  court 
of  jurisdiction  in  the  district  where  such  lands  are  situated, 
on  application  of  the  corporation  or  other  person  or  party 
in  interest.  Such  referees,  before  entering  upon  the  duties 
of  their  appointment,  shall  each  take  and  subscribe,  before 
competent  authority,  an  oath  that  he  will  faithfully  and  im- 
partially discharge  the  duties  of  his  appointment,  which  oaths, 
duly  certified,  shall  be  returned  with  the  award  of  the  re- 
ferees to  the  clerk  of  the  court  by  which  they  were  appointed. 
The  referees  shall  also  find  in  their  report  the  names  of  the 


Ex  id  and  Anadarko  Act.  37 

person  and  persons,  tribe,  or  nation  to  whom  the  damages 
are  payable  and  the  interest  of  each  person,  tribe,  or  nation  in 
the  award  of  damages.  Before  such  referees  shall  proceed 
with  the  assessment  of  damages,  for  any  right  of  way  or 
other  lands  condemned  under  this  Act,  twenty  days'  notice 
of  the  time  when  the  same  shall  be  condemned  shall  be  given 
to  all  persons  interested,  by  publication  in  some  newspaper 
in  general  circulation  nearest  said  property  in  the  district 
where  said  right  of  way  or  said  lands  are  situated,  or  by 
ten  days'  personal  notice  to  each  person  owning  or  having 
any  interest  in  said  lands  or  right  of  way:  Provided,  That 
such  notice  to  any  tribe  or  nation  may  be  served  on  the  prin- 
cipal chief  or  governor  of  the  tribe.  If  the  referees  can  not 
agree,  then  any  two  of  them  are  authorized  to  and  shall  make 
the  award.  Any  party  to  the  proceedings  who  is  dissatis- 
fied with  the  award  of  the  referees  shall  have  the  right, 
within  ten  days  after  the  making  of  the  award,  to  appeal,  by 
original  petition,  to  the  United  States  court,  or  other  court  of 
competent  jurisdiction,  sitting  at  the  place  nearest  and  most 
convenient  to  the  property  sought  to  be  taken,  where  the  ques- 
tion of  the  damages  occasioned  by  the  taking  of  the  lands 
in  controversy  shall  be  tried  de  novo,  and  the  judgment  rend- 
ered by  the  court  shall  be  final  and  conclusive,  subject,  how- 
ever, to  appeal  as  in  other  cases. 

When  the  award  of  damages  is  filed  with  the  clerk,  of  the 
court  by  the  referees,  the  railway  company  shall  deposit  the 
amount  of  such  award  with  the  clerk  of  the  court,  to  abide 
the  judgment  thereof,  and  shall  then  have  the  right  to  enter 
upon  and  take  possession  of  the  property  sought  to  be  con- 
demned :  Provided,  That  when  the  said  railway  company  is 
not  satisfied  with  the  award,  it  shall  have  the  right,  before 
commencing  construction,  to  abandon  any  portion  of  said  right 
of  way  and  adopt  a  new  location,  subject,  however,  as  to  such 
new  location,  to  all  the  provisions  of  this  Act.  Each  of  the 
referees  shall  receive  for  his  compensation  the  sum  of  four 
dollars  per  day  while  actually  engaged  in  the  appraisement  of 


38  Enid  and  Anadarko  Act. 

the  property  and  the  hearing  of  any  matter  submitted  to  their, 
under  this  Act.  Witnesses  shall  receive  the  fees  and  mileage 
allowed  by  law  to  witness  in  courts  of  record  within  the  dis- 
trict where  such  lands  are  located.  Costs,  including  com- 
pensation of  the  referees,  shall  be  made  part  of  the  award 
of  judgment  and  be  paid  by  the  railway  company;  Provided, 
That  if  any  party  or  person  other  than  the  railway  company 
shall  appeal  from  any  award,  and  the  judgment  of  the  court 
does  not  award  such  appealing  party  or  person  more  than 
the  referees  awarded,  all  costs  occasioned  by  such  appeal 
shall  be  paid  by  such  appealing  party  or  person. 

Compensation  to  Tribes — Cost  of  Transportation — Mail. 

Sec.   16.     That  where     a  railroad  is  constructed  under  the 
provisions  of  this  Act  there  shall  be  paid  by  the  railway  com- 
pany to  the  Secretary  of  the  Interior,  for  the  benefit  of  the 
particular  tribe  or  nation  through  whose  lands  any  such  rail- 
road  may   be   constructed,   an   annual   charge   of   fifteen   dol- 
lars  per  mile   for   each   mile   of   road   constructed,   the   same 
to  be  paid  so  long  as  said  lands  shall  be  owned  and  occupied, 
by  such  nation  or  tribe,  which  payment  shall  be  in  addition 
to   the   compensation    otherwise    provided    herein ;    and     the 
grants    herein    are    made   upon    the    condition    that    Congress 
hereby  reserves  the  right  to  regulate  the  charges  for  freight 
and  passengers  on  said  railways  and  messages  on  all  telegraph 
and  telephone  lines  until  a  State  government  or  governments 
shall  exist  in  said  Territory  within  the  limits  of  which  any 
railway   shall   be   located ;    and    then    such    State    government 
or  governments  shall  be  authorized  to  fix  and  regulate  the  cost 
of  transportation  of  persons  and  freights  within  their  respective 
limits  by  such  railways;  but  Congress  expressly  reserves  the 
right  to  fix  and  regulate  at  all  times  the  cost  of  such  trans- 
portation   by    said    railways    whenever    such    transportation 
shall    extend    from    one    State    into    another,    or    shall    ex- 
tend  into  more  than   one   State ;   and   that   the   railway   com- 
panies shall   carry  the  mail   at   such  prices  as   Congress  may 


Enid  and  Anadarko  Act.  39 

by  law  provide ;  and  until  such  rate  is  fixed  by  law  the  Post- 
master-General may  fix  the  rate  of  compensation. 

Railroad  Crossings — Condemnation — Procedure. 

Sec.  17.  That  any  railway  company  authorized  to  construct, 
own,  or  operate,  a  railroad  in  said  Territory  desiring  to  cross 
or  unite  its  tracks  with  any  other  railroad  upon  the  grounds 
of  such  other  railway  company,  shall,  after  fifteen  days'  no- 
tice in  writing  to  such  other  railroad  company,  make  appli- 
cation in  writing  to  the  judge  of  the  United  States  court  for 
the  district  in  which  it  is  proposed  to  make  such  crossing  or 
connection  for  the  appointment  of  three  disinterested  refer- 
ees to  determine  the  necessity,  place,  manner,  and  time  of 
such  crossing  or  connection.  The  provisions  of  section  three 
of  this  Act  with  respect  to  the  condemnation  of  right  of  way 
through  tribal  or  individual  lands  shall,  except  as  in  this  sec- 
tion otherwise  provided,  apply  to  proceedings  to  acquire  the 
right  to  cross  or  connect  with  another  railroad.  Upon  the 
hearing  of  any  such  application  to  cross  or  connect  with  any 
other  railroad,  either  party  or  the  referees  may  call  and  ex- 
amine witnesses  in  regard  to  the  matter,  and  said  referees 
shall  have  the  same  power  to  administer  oaths  to  witnesses 
that  is  now  possessed  by  the  United  States  commissioners  in 
said  Territory,  and  said  referees  shall,  after  such  hearing 
and  a  personal  examination  of  the  locality  where  a  crossing 
or  connection  is  desired,  determine  whether  there  is  a  ne- 
cessity for  such  crossing,  or  not,  and  if  so,  the  place  thereof, 
whether  it  shall  be  over  or  under  the  existing  railroad,  or  at 
grade,  and  in  other  respects  the  manner  of  such  crossing  and 
the  terms  upon  which  the  same  shall  be  made  and  maintained : 
Provided,  That  no  crossing  shall  be  made  through  the  yards 
or  over  the  switches  or  side  tracks  of  any  existing  railroad 
if  a  crossing  can  be  effected  at  any  other  place  that  is  prac- 
ticable. If  either  party  shall  be  dissatisfied  with  the  terms  of  the 
order  made  by  said  referees  it  may  appeal  to  the  United 
States  court  of  the  Indian  Territory  for  the  district  wherein 


40  Enid  and  Anadarko  Act. 

such  crossing  or  connection  is  sought  to  be  made  in  the  same 
manner  as  appeals  are  allowed  from  a  judgment  of  a  United 
States  commissioner  to  said  court,  and  said  appeal  and  all  sub- 
sequent proceedings  shall  only  affect  the  amount  of  compensa- 
tion, if  any,  and  other  terms  of  crossing  fixed  by  said  referees, 
but  shall  not  delay  the  making  of  said  crossing  or  connection : 
Provided,  That  the  corporation  desiring  such  crossing  or 
connection  shall  deposit  with  the  clerk  of  the  court  the  amount 
of  compensation,  if  any  is  fixed  by  said  referees,  and  shall 
execute  and  file  with  said  clerk  a  bond  of  sufficient  security 
to  be  approved  by  the  court  or  a  judge  thereof  in  vacation, 
to  pay  all  damages  and  comply  with  all  terms  that  may  be 
adjudged  by  the  court.  Any  railway  company  which  shall 
violate  or  evade  any  of  the  provisions  of  this  section  shall 
forfeit  for  every  such  offense,  to  the  person,  company,  or  cor- 
poration injured  thereby,  three  times  the  actual  damages  sus- 
tained by  the  party  aggrieved. 

Railroad  Crossings. 

Sec.  i 8.  That  when  in  any  case  two  or  more  railroads 
crossing  each  other  at  a  common  grade  shall,  by  a  system  of 
interlocking  or  automatic  signals  or  by  any  works  or  fix- 
tures to  be  erected  by  them,  render  it  safe  for  engines  and 
trains  to  pass  over  such  crossing  without  stopping,  and,  such 
interlocking  or  automatic  signals  or  works  or  fixtures  shall 
be  approved  by  the  Interstate  Commerce  Commissioners, 
then,  in  that  case,  it  is  hereby  made  lawful  for  the  engines 
and  trains  of  such  railroad  or  railroads  to  pass  over  such 
crossing  without  stopping,  any  law  or  the  provisions  of  any 
law  to  the  contrary  notwithstanding;  and  when  two  or  more 
railroads  cross  each  other  at  a  common  grade,  either  of  such 
roads  may  apply  to  the  Interstate  Commerce  Commissioners 
for  permission  to  introduce  upon  both  of  said  railroads  some 
system  of  interlocking  or  automatic  signals  or  works  or  fix- 
tures rendering  it  safe  for  engines  and  trains  to  pass  over  such 
crossings  without  stopping,  and  it  shall  be  the  duty  of  said  In- 


Enid  and  Anadarko  Act.  41 

terstate  Commerce  Commissioners,  if  the  system  of  works  and 
fixtures  which  it  is  proposed  to  erect  by  said  company  are, 
in  the  opinion  of  the  Commission,  sufficient  and  proper,  to 
grant  such  permission. 

Railroad  Crossings — Signals. 

Sec.  19.  That  any  railroad  company  which  has  obtained 
permission  to  introduce  a  system  of  interlocking  or  automatic 
signals  at  its  crossing  at  a  common  grade  with  any  other 
railroad,  as  provided  in  the  last  section,  may,  after  thirty 
days'  notice,  in  writing,  to  such  other  railroad  company,  in- 
troduce and  erect  such  interlocking  or  automatic  signals  or 
fixtures ;  and  if  such  railroad  company,  after  such  notification, 
refuses  to  join  with  the  railroad  company  giving  such  notice 
in  the  construction  of  such  works  or  fixtures,  it  shall  be 
lawful  for  said  company  to  enter  upon  the  right  of  way  and 
tracks  of  such  second  company,  in  such  manner  as  to  not  un- 
necessarily impede  the  operation  of  such  road,  and  erect  such 
works  and  fixtures,  and  may  recover  in  any  action  at  law 
from  such  second  company  one-half  of  the  total  cost  of  erect- 
ing and  maintaining  such  interlocking  or  automatic  signals 
or  works  or  fixtures  on  both  of  said  roads. 

Railroad  Mortgages  to  Be  Recorded. 

Sec.  20.  That  all  mortgages  executed  by  any  railway  com- 
pany conveying  any  portion  of  its  railway,  with  its  franchises, 
that  may  be  constructed  in  said  Indian  Territory,  shall  be 
recorded  in  the  Department  of  the  Interior,  and  the  record 
thereof  shall  be  evidence  and  notice  of  their  execution,  and 
shall  convey  all  rights,  franchises,  and  property  of  said  com- 
pany as  therein  expressed. 

Right  to  Amend. 

Sec.  21.  That  Congress  hereby  reserves  the  right  at  any 
time  to  alter,  amend,  or  repeal  this  Act,  or  any  portion  there- 
of. 


42  Enid  and  Anadarko  Act. 

Railroads  Subject  to  This  Act — Extension  of  Time  of  Completion. 

Sec.  22.  That  any  railway  company  which  has  heretofore 
acquired,  or  may  hereafter  acquire,  under  any  other  Act  of 
Congress,  a  railroad  right  of  way  in  Indian  Territory  may, 
in  the  manner  herein  prescribed,  obtain  any  or  all  of  the 
benefits  and  advantages  of  this  Act,  and  in  such  event  shall 
become  subject  to  all  the  requirements  and  responsibilities  im- 
posed by  this  Act  upon  railroad  companies  acquiring  a  right 
of  way  hereunder.  And  where  the  time  for  the  completion 
of  a  railroad  in  Indian  Territory  under  any  Act  granting  a 
right  of  way  therefor  has  expired,  or  shall  hereafter  expire, 
in  advance  of  the  construction  of  such  railroad,  or  of  any 
part  thereof,  the  Secretary  of  the  Interior  may,  upon  good 
cause  shown,  extend  the  time  for  the  completion  of  such  rail- 
road, or  of  any  part  thereof,  for  a  time  not  exceeding  two  years 
from  the  date  of  such  extension. 

Repeals — Act  Applicable  to  Osage  Nation. 

Sec.  23.  That  an  Act  entitled  "An  Act  to  provide  for  the 
acquiring  of  rights  of  way  by  railroad  companies  through  In- 
dian reservations,  Indian  lands,  and  Indian  allotments,  and  for 
other  purposes,"  approved  March  second,  eighteen  hundred 
and  ninety-nine,  so  far  as  it  applies  to  the  Indian  Territory 
and  Oklahoma  Territory,  and  all  other  Acts  or  parts  of  Acts 
inconsistent  with  this  Act  are  hereby  repealed :  Provided,  That 
such  repeal  shall  not  affect  any  railroad  company  whose  rail- 
road is '  now  actually  being  constructed,  or  any  rights  which 
have  already  accrued :  but  such  railroads  may  be  completed 
and  such  rights  enforced  in  the  manner  provided  by  the  laws 
'  under  which  such  construction  was  commenced  or  under 
which  such  rights  accrued :  And  provided  further,  That  the 
provisions  of  this  Act  shall  apply  also  to  the  Osages'  Reser- 
vation and  other  Indian  reservations  and  allotted  Indian 
lands  in  the  Territory  of  Oklahoma,  and  all  judicial  proceed- 
ings herein  authorized,  may  be  commenced  and  prosecuted 
in  the  courts  of  said  Oklahoma  Territory  which  may  now  or 


Act  March  24,  1902.  43 

hereafter  exercise  jurisdiction  within  said  reservations  or  al- 
lotted lands. 

C.  0.  &  G.  Ry.  Co.  v.  Bond,  6  I.  T.  515,  98  S.  W.  335. 
St.  L.  &  S.  F.  R.  Co.  v.  Pfennighausen,  7  I.  T.  GS5,  104  S.  W.  880. 
Denver  W.  &  M.  Ry.  Co.  v.  Adkinson,  28  Okla.  1,  119  Pac.  247. 
Bruner  v.  Ft.  Smith  &   W.  R.  Co.,   127   Pac.   700,  33  Okla.  711. 


AN  ACT  TO   CHANGE   THE  BOUNDARIES   BETWEEN 

THE  SOUTHERN  AND  CENTRAL  JUDICIAL  DISTRICTS  OF 

THE    INDIAN  TERRITORY. 

Act   of   Congress,  Approved   March   24,   1902. 

(32  Stat.  L.  90.) 

Additions  to   Central  Judicial  District. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OE 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  all  that 
portion  of  the  Chickasaw  Nation  east  of  the  Washita  River, 
from  the  junction  of  Island  Bayou  and  the  Red  River,  up 
the  Red  River  to  the  month  of  the  Washita  River,  and  up 
said  river  to  the  mouth  of  Butcherpen  Creek,  and  north  up 
said  Butcherpen  Creek  to  the  township  line  between  town- 
ships four  and  five  south,  in  range  seven  east,  thence  along 
said  township  line  to  the  boundary  line  between  the  Choc- 
taw and  Chickasaw  nations,  in  range  eight  east,  shall  be  added 
to  the  central  judicial  district  of  the  Indian  Territory. 

Jurisdiction  of  Courts — Civil  and  Criminal. 

Section  2.  That  the  United  States  court  for  the  Central 
judicial  district  of  the  Indian  Territory  shall  have  jurisdiction 
over  all  cases,  civil  and  criminal,  arising  within  the  said 
boundaries  after  the  passage  of  this  Act. 


44  Act  May  19,  1902. 

United  States.  Commissioners — Appointment  of. 

Sec.  3.  That  the  judge  of  the  United  States  court  in  the 
Indian  Territory  presiding  in  the  central  judicial  district 
thereof  is  hereby  authorized  and  empowered  to  appoint  an 
additional  United  States  commissioner  within  said  district, 
who  shall  be  permanently  located  at  Durant,  in  the  Choctaw 
Nation,  and  to  prescribe  by  metes  and  bounds  the  portion 
of  the  district  for  which  such  commissioner  is  appointed. 


AX  ACT  FOR  THE  PROTECTION  OF  CITIES  AND  TOWNS 
IN  THE  INDIAN  TERRITORY,  AND  FOR  OTHER  PURPOSES. 

Act   of   Congress,   Approved  May   10,   1902. 

(32  Stat.  L.  200.) 

Bond  Issues  Authorized — Limit  of  Issue — Procedure. 

BE  IT  ENACTED  BY  THE  SENATE  AND'HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  any  in- 
corporated city  or  town  in  the  Indian  Territory  having  a  pop- 
ulation of  two  thousand  or  more  is  hereby  authorized  to  issue 
bonds  and  borrow  money  thereon,  to  be  used  for  the  construc- 
.  tion  of  sewers  and  waterworks  and  the  building  of  school- 
houses ;  such  bonds  not  to  exceed  an  amount,  the  interest  on 
which  at  five  per  centum  per  annum  would  be  liquidated  by 
a  tax  of  five  mills  upon  the  dollar  of  the  valuation  of  the 
taxable  property  in  such  city  or  town,  to  be  ascertained  by 
the  last  assessment  for  purposes  of  taxation ;  that  before  such 
bonds  shall  be  issued  the  same  shall  be  authorized  by  a  two- 
thirds  majority  of  the  qualified  voters  of  such  city  or  town 
voting  at  an  election  held  for  that  purpose,  notice  of  which 
shall  be  published  for  four  consecutive  weeks  prior  thereto 
in  a  newspaper  of  general  circulation  published  in  such  munic- 


Act  May  19,  1902.  45 

ipality :  Provided,  That  such  bonds  shall  not  be  issued  until 
it  shall  be  made  to  appear  to  the  satisfaction  of  the  judge  of 
the  United  States  court  for  the  judicial  district  in  which  such 
municipality  is  located,  by  petition  of  the  mayor  and  council 
thereof,  that  all  the  requirements  of  this  section  have  been 
complied  with,  who  shall  thereupon  cause  to  be  entered  upon 
the  minutes  of  his  court  a  judgment  or  decree  reciting  the 
facts  as  he  finds  them  to  be :  Provided,  however,  That  before 
any  election  shall  be  held  for  the  purposes  herein  named  a 
census  shall  be  taken  and  the  population  of  said  municipality 
ascertained  by  some  suitable  person,  or  persons,  appointed  for 
that  purpose  by  the  said  judge  of  the  district  court,  who  shall 
make  a  sworn  return  to  said  judge  showing  the  number  of 
inhabitants  thereof,  and  that  the  judgment  or  decree  shall  set 
forth  the  population  and  taxable  wealth  of  the  municipality, 
and  said  order  or  decree  shall  be  printed  on  said  bond  and 
made  a  part  thereof  and  shall  be  final  and  conclusive  against 
said  municipality  in  any  litigation  on  said  bonds. 

Bonds — Interest — Sale. 

Section  2.  That  such  bonds  shall  contain  all  necessary  and 
usual  provisions  expressing  the  contract,  shall  be  signed  by  the 
mayor  and  countersigned  by  the  treasurer  of  such  municipal- 
ity, who  shall  keep  a  proper  record  of  such  bonds.  Said  bonds 
shall  not  bear  a  rate  of  interest  exceeding  five  per  centum,  pay- 
able semiannually,  and  none  of  said  bonds  shall  be  sold  at  less 
than  their  par  value. 

Bonds — Tax  to  Pay. 

Sec.  3.  That  any  municipality  incurring  any  indebtedness 
for  the  purposes  provided  for  in  this  Act  shall,  by  ordinance 
which  shall  be  irrepealable,  provide  for  the  collection  of  an 
annual  tax  sufficient  to  pay  the  interest  on  such  bonds,  as  the 
same  falls  due,  and  also  to  pay  and  discharge  the  principal 
thereof  within  twenty  years  from  the  date  of  contracting  the 
same:  Provided,  That  if  any  municipality  shall  have  the 
authority  under  any  special  Act  to  issue  its  bonds,  the  amount 


46  Original  Curtis  Act. 

of  the  bonds,  issued  under  the  special  Act  shall  be  first  de- 
ducted, and  there  shall  only  be  issued  under  this  Act  such  ad- 
ditional bonds  as  shall  not  exceed  the  limit  provided  in  this 
Act. 

Incorporated  Town  of  Tahlequah  v.  Guinn,  5  I.  T.  497,  82  S.  W.  886. 
Eberle  v.  King,  20  Okla.  55,   93   Okla.   748. 

Mitchell   v.   Tulsa   Water,  Light,  Heat  &  Power  Co.,  21   Okla.   243, 
95  Pac.   901. 


ORIGINAL  CURTIS  ACT  AND  ATOKA  AGREEMENT. 

(30  Stat.  L.  495.) 

Act  of  Congress,  Approved  June  28,   1898. 

AN   ACT   FOR   THE   PROTECTION   OF   THE    PEOPLE 
OF  THE  INDIAN  TERRITORY,  AND  FOR  OTHER  PURPOSES. 

"Officer  "  Defined — Criminal  Law. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  in  all 
criminal  prosecutions  in  the  Indian  Territory  against  officials 
for  embezzlement,  bribery  and  embracery  the  word  "offi- 
cer," when  the  same  appears  in  the  criminal  laws  here- 
tofore extended  over  and  put  in  force  in  said  Territory,  shall 
include  all  officers  of  the  several  tribes  or  nations  of  Indians 
in  said  Territory. 

Tribe  to  Be  Party  In  Suits  Affecting  Tribal  Property. 

Section  2.  That  when  in  the  progress  of  any  civil  suit, 
either  in  law  or  equity,  pending  in  the  United  States  court 
in  any  district  in  said  Territory,  it  shall  appear  to  the  court 
that  the  property  of  any  tribe  is  in  any  way  affected  by  the 
issues  being  heard,  said  court  is  hereby  authorized  and  re- 
quired to  make  said  tribe  a  party  to  said  suit  by  service  upon 


Original  Curtis  Act.  47 

the  chief  or  governor  of  the  tribe,  and  the  suit  shall  there- 
after be  conducted  and  determined  as  if  said  tribe  had  been  an 
original  party  to  said  action. 

Hargrove  v.   Cherokee  Nation.  3   I.  T.  484,  58  S.  W.   GOT,    129  Fed. 

1S6. 
Tuttle  v.  Moore,  3  I.  T.  712,  04  S.  W.  585. 
Thompson  v.  Morgan,  4  I.  T.  412,  00  S.  W.  920. 
Lewis  v.  Sittle,  30  Okla.  530. 

Adams  v.  Murphy,   104  S.  W.  058,   105  Fed.  304. 
Wallace  v.  Adams,   143   Fed.   710. 
Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.   1041. 

United  States  Courts — Jurisdiction  Over  Claims  to  Members — 
Improvements — Compensation  for. 
Sec.  3.  That  said  courts  are  hereby  given  jurisdiction  in 
their  respective  districts  to  try  cases  against  those  who  may 
claim  to  hold  as  members  of  a  tribe  and  whose  membership 
is  denied  by  the  tribe,  but  who  continue  to  hold  said  lands  and 
tenements  notwithstanding  the  objection  of  the  tribe;  and  if 
it  be  found  upon  trial  that  the  same  are  held  unlawfully 
against  the  tribe  by  those  claiming  to  be  members  thereof, 
and  the  membership  and  right  are  disallowed  by  the  Com- 
mission to  the  Five  Civilized  Tribes,  or  the  United  States 
court,  and  the  judgment  has  become  final,  then  said  court 
shall  cause  the  parties  charged  with  unlawfully  holding  sail 
possessions  to  be  removed  from  the  same  and  cause  the  lands 
and  tenements  to  be  restored  to  the  person  or  persons  or  na- 
tion or  tribe  of  Indians  entitled  to  the  possession  of  the 
same :  Provided  always,  That  any  person  being  a  noncitizen 
in  possession  of  lands,  holding  the  possession  thereof  under  an 
agreement,  lease,  or  improvement  contract  with  either  of  said 
nations  or  tribes,  or  any  citizen  thereof,  executed  prior  to 
January  first,  eighteen  hundred  and  nine-eight,  may,  as  to  lands 
not  exceeding  in  amount  one  hundred  and  sixty  acres,  in  de- 
fense of  any  action  for  the  possession  of  said  lands  show  that 
he  is  and  has  been  in  peaceable  possession  of  such  lands,  and 
that  he  has  while  in  such  possession  made  lasting  and  valuable 


48  Original  Curtis  Act. 

improvements  thereon,  and  that  he  has  not  enjoyed  the  pos- 
session thereof  a  sufficient  length  of  time  to  compensate  him 
for  such  improvements.  Thereupon  the  court  or  jury  try- 
ing said  cause  shall  determine  the  fair  and  reasonahle  value 
of  such  improvements  and  the  fair  and  reasonable  rental  value 
of  such  lands  for  the  time  the  same  shall  have  been  occupied 
by  such  person,  and  if  the  improvements  exceed  in  value  the 
amount  of  rents  with  which  such  person  should  be  charged, 
the  court  in  its  judgment,  shall  specify  such  time  as  will,  in 
the  opinion  of  the  court,  compensate  such  person  for  the  bal- 
ance due,  and  award  him  possession  for  such  time  unless  the 
amount  be  paid  by  claimant  within  such  reasonable  time  as 
the  court  shall  specify.  If  the  finding  be  that  the  amount  of 
rents  exceed  the  value  of  the  improvements,  judgment  shall 
be  rendered  against  the  defendant  for  such  sum,  for  which  ex- 
ecution may  issue. 

Daniels  v.  Miller.  4  I.  T.  426,  69  S.  W.  925. 

Brought  v.  Cherokee  Nation,  4  I.  T.  402,  69  S.  W,  937. 

Swinney  v.  Kelley,  5  I.  T.   12,  76  S.  W.  303. 

Sharrock  v.   Kreiger,  6   I.  T.   466,  98   S.   W.    161. 

Hargrove  v.  Cherokee  Nation,  3  I.  T.  479.  58  S.  W,  667,  69   S.  W. 

868,   129  Fed.   186. 
Castell  v.  McNeely,  4  I.  T.  1,  64  S.  W.  594. 
Barton  v.  Hulsey,  4  I.  T.  260,  69  S.  W.   868. 
Thompson  v.  Morgan,  4  I.  T.  412,  69  S.  W.  920. 
Lewis  v.  Sittle,  30  Okla.  530. 
Wallace  v.  Adams,   143  Fed.   716. 
Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.  1041. 

Improvements — Appraisal  and  Sale. 

Sec.  4.  That  all  persons  who  have  heretofore  made  im- 
provements on  lands  belonging  to  any  one  of  the  said  tribes 
of  Indians,  claiming  rights  of  citizenship,  whose  claims  have 
been  decided  adversely  under  the  act  of  Congress  approved 
June  tenth,  eighteen  hundred  and  ninety-six,  shall  have  posses- 
sion thereof  until  and  including  December  thirty-first,  eighteen 
hundred  and  ninety-eight ;  and  may,  prior  to  that  time,  sell  or 
dispose  of  the  same  to  any  member  of  the  tribe  owning  the 


Original  Curtis  Act.  49 

land  who  desires  to  take  the  same  in  his  allotment :  Provided, 
That  this  section  shall  not  apply  to  improvements  which  have 
been  appraised  and  paid  for  or  payment  tendered  by  the  Cher- 
okee Nation  under  the  agreement  with  the  United  States  ap- 
proved by  Congress  March  third,  eighteen  hundred  and  ninety- 
three. 

Brought  v.  Cherokee  Nation,  4  I.  T.  462.  69   S.  W.  937. 
Castell  v.  McNeely,  4  I.  T.  11,  64  S.  W.  51)4. 
Hargrove  v.  Cherokee  Nation,   129  Fed.   1S6. 

Suits  for  Possession — Notice  to  Quit. 

Sec.  5.  That  before  any  action  by  any  tribe  or  person  shall 
be  commenced  under  section  three  of  this  act  it  shall  be  the 
duty  of  the  party  bringing  the  same  to  notify  the  adverse  party 
to  leave  the  premises  for  the  possession  of  which  the  action  is 
about  to  be  brought,  which  notice  shall  be  served  at  least  thirty 
days  before  commencing  the  action  by  leaving  a  written  copy 
with  the  defendant,  or,  if  he  cannot  be  found,  by  leaving  the 
same  at  his  last  known  place  of  residence  or  business  with  any 
person  occupying  the  premises  over  the  age  of  twelve  years, 
or,  if  his  residence  or  business  address  can  not  be  ascertained, 
by  leaving  the  same  with  any  person  over  the  age  of  twelve 
years  upon  the  premises  sought  to  be  recovered  and  described 
in  said  notice ;  and  if  there  be  no  person  with  whom  said  notice 
can  be  left,  then  by  posting  same  on  the  premises. 

Daniels  v.  Miller,  4  I.  T.  426,  69  S.  W.  925. 
Price  v.  Cherokee  Nation,  5  I.  T.  518,"  82  S.  W.  893. 
Thompson  v.  Morgan,  4  I.  T.  412,  69  S.  W.  920. 
Lewis  v.  Sittle,  30  Okla.  530. 

Suit    for  Possession — Summons. 

Sec.  6.  That  the  summons  shall  not  issue  in  such  action 
until  the  chief  or  governor  of  the  tribe,  or  person  or  persons 
bringing  suit  in  his  own  behalf,  shall  have  filed  a  sworn  com- 
plaint, on  behalf  of  the  tribe  or  himself,  with  the  court,  which 
shall,  as  near  as  practicable,  describe  the  premises  so  detained, 
and  shall  set  forth  a  detention  without  the  consent  of  the  per- 
VCT4 


50  Original  Curtis  Act. 

son  bringing  said  suit  or  the  tribe,  by  one  whose  membership 
is  denied  by  it :  Provided,  That  if  the  chief  or  governor  re- 
fuse or  fail  to  bring  suit  in  behalf  of  the  tribe,  then  any  mem- 
ber of  the  tribe  may  make  complaint  and  bring  said  suit. 

Daniels  v.  Miller,  4  I.  T.  426,  69  S.  W.  025. 

Brought  v.  Cherokee  Nation,  4  I.  T..462,  Gi)  S.  W.  937. 

Hargrove  v.   Cherokee  Nation,   3   I.  T.   484,   58   S.  W.   GG7,  4   I.   T. 

129;   69   S.   W.   823,   129   Fed.   186. 
Thompson  v.  Morgan,  4  I.  T.  412,  G9  S.  W.  920. 

Bond  on  Continuance. 

Sec.  y.  That  the  court  in  granting  a  continuance  of  any 
case,  particularly  under  section  three,  may,  in  its  discretion,  re- 
quire the  party  applying  therefor  to  give  an  undertaking  to  the 
adverse  party,  with  good  and  sufficient  securities,  to  be  ap  • 
proved  by. the  judge  of  the  court,  conditioned  for  the  pay- 
ment of  all  damages  and  costs  and  defraying  the  rent  which 
may  accrue  if  judgment  is  rendered  against  him. 

Lewis  v.  Sittle,  30  Okla.  530. 

Judgment   of   Restitution — Execution. 

Sec.  8.  That  when  a  judgment  for  restitution  shall  be  en- 
tered by  the  court  the  clerk  shall,  at  the  request  of  the  plaintiff 
or  his  attorney,  issue  a  writ  of  execution  thereon,  which  shall 
command  the  proper  officer  of  the  court  to  cause  the  defendant 
or  defendants  to  be  forthwith  removed  and  ejected  from  the 
premises  and  the  plaintiff  given  complete  and  undisturbed  pos- 
session of  the  same.  The  writ  shall  also  command  the  said 
officer  to  levy  upon  the  property  of  the  defendant  or  defend- 
ants subject  to  execution,  and  also  collect  therefrom  the  costs 
of  the  action  and  all  accruing  costs  in  the  service  of  the  writ. 
Said  writ  shall  be  executed  within  thirty  days. 

Lewis  v.  Sittle,  30  Okla.  530. 

Police  Jurisdiction  Extended. 

Sec.  9.  That  the  jurisdiction  of  the  court  and  municipal  au- 
thority of  the  city  of  Fort  Smith  for  police  purposes  in  the 


Original  Curtis  Act.  51 

State  of  Arkansas  is  hereby  extended  over  all  that  strip  of 
land  in  the  Indian  Territory  lying  and  being  situate  between 
the  corporate  limits  of  the  said  city  of  Fort  Smith  and  the 
Arkansas  and  Poteau  rivers,  and  extending  up  the  said  Poteau 
River  to  the  mouth  of  Mill  Creek ;  and  all  the  laws  and  ordi- 
nances for  the  preservation  of  the  peace  and  health  of  said 
city,  as  far  as  the  same  are  applicable,  are  hereby  put  in  force 
therein :  Provided,  That  no  charge  or  tax  shall  ever  be  made 
or  levied  by  said  city  against  said  land  or  the  tribe  or  nation 
to  whom  it  belongs. 

Limitation  on  Actions  for  Possession. 

Sec.  10.  That  all  actions  for  restitution  of  possession  of 
real  property  under  this  act  must  be  commenced  by  the  serv- 
ice of  a  summons  within  two  years  after  the  passage  of 
this  act,  where  the  wrongful  detention  or  possession  began 
prior  to  the  date  of  its  passage ;  and  all  actions  which  shall  be 
commenced  hereafter,  based  upon  wrongful  detention  or  pos- 
session committed  since  the  passage  of  this  act  must  be  com- 
menced within  two  years  after  the  cause  of  action  accrued. 
And  nothing  in  this  act  shall  take  away  the  right  to  maintain 
an  action  for  unlawful  and  forcible  entry  and  detainer  given 
by  the  act  of  Congress  passed  May  second,  eighteen  hundred 
and  ninetv  (Twenty-sixth  United  States  Statutes,  page  ninety- 
five). 

Price  v.  Cherokee  Nation,  5  I.  T.  518,  82  S.  W.  893. 
Thompson  v.  Morgan,  4  I.  T.  412,  69  S.  W.  920. 
Lewis  v.  Sittle,  30  Okla.  530. 

Allotment  of  Surface  by  Dawes  Commission. 

Sec.  11.  That  when  the  roll  of  citizenship  of  any  one  of 
said  nations  or  tribes  is  fully  completed  as  provided  by  law, 
and  the  survey  of  the  lands  of  said  nation  or  tribe  is  also 
completed,  the  Commission  heretofore  appointed  under  acts 
of  Congress,  and  known  as  the  "Dawes  Commission,"  shall 
proceed  to  allot  the  exclusive  use  and  occupancy  of  the  surface 
of  all  the  lands  of  said  nation  or  tribe  susceptible  of  allotment 


52  Original  Curtis  Act. 

among  the  citizens  thereof,  as  shown  by  said  roll,  giving  to 
each,  so  far  as  possible,  his  fair  and  equal  share  thereof,  con- 
sidering the  nature  and  fertility  of  the  soil,  location,  and  value 
of  same;  but  all  oil,  coal,  asphalt,  and  mineral  deposits  in  the 
lands  of  any  tribe  are  reserved  to  such  tribe,  and  no  allotment 
of  such  lands  shall  carry  the  title  to  such  oil,  coal,  asphalt,  or 
mineral  deposits ;  and  all  town  sites  shall  also  be  reserved  to 
the  several  tribes,  and  shall  be  set  apart  by  the  Commission 
heretofore  mentioned  as  incapable  of  allotment.  There  shall 
also  be  reserved  from  allotment  a  sufficient  amount  of  lands 
now  occupied  by  churches,  schools,  parsonages,  charitable  in- 
stitutions, and  other  public  buildings  for  their  present  actual 
and  necessary  use,  and  no  more,  not  to  exceed  five  acres  for 
each  school  and  one  acre  for  each  church  and  each  parsonage, 
and  for  such  new  schools  as  may  be  needed ;  also  sufficient  land 
for  burial  grounds  where  necessary.  When  such  allotment 
of  the  lands  of  any  tribe  has  been  by  them  completed,  said 
Commission  shall  make  full  report  thereof  to  the  Secretary 
of  the  Interior  for  his  approval :  Provided,  That  nothing  here- 
in contained  shall  in  any  way  affect  any  vested  legal  rights 
which  may  have  been  heretofore  granted  by  act  of  Congress, 
nor  be  so  construed  as  to  confer  any  additional  rights  upon 
any  parties  claiming  under  any  such  act  of  Congress :  Pro- 
vided further,  That  whenever  it  shall  appear  that  any  member 
of  a  tribe  is  in  possession  of  lands,  his  allotment  may  be  made 
out  of  the  lands  in  his  possession,  including  his  home  if  the 
holder  so  desires:  Provided  further,  That  if  the  person  to 
whom  an  allotment  shall  have  been  made  shall  be  declared, 
upon  appeal  as  herein  provided  for,  by  any  of  the  courts  of 
the  United  States  in  or  for  the  aforesaid  Territory,  to  have 
been  illegally  accorded  rights  of  citizenship,  and  for  that  or 
any  other  reason  declared  to  be  not  entitled  to  anv  allotment, 
he  shall  be  ousted  and  ejected  from  said  lands ;  that  all  per- 
sons known  as  intruders  who  have  been  paid  for  their  im- 
provements under  existing  laws  and  have  not  surrendered  pos- 
session thereof  who  may  be  found  under  the  provisions  of  this 


Original  Curtis  Act.  53 

act  to  be  entitled  to  citizenship  shall,  within  ninety  clays  there- 
after, refund  the  amount  so  paid  them,  with  six  per  centum 
interest,  to  the  tribe  entitled  thereto ;  and  upon  their  failure  so 
to  do  said  amount  shall  become  a  lien  upon  all  improvements 
owned  by  such  person  in  such  Territory,  and  may  be  enforced 
by  such  tribes;  and  unless  such  person  makes  such  restitution 
no  allotments  shall  be  made  to  him :  Provided  further,  That  the 
lands  allotted  shall  be  nontransferable  until  after  full  title  is 
acquired  and  shall  be  liable  for  no  obligations  contracted  prior 
thereto  by  the  allottee,  and  shall  be  nontaxable  while  so  held : 
Provided  further,  That  all  towns  and  cities  heretofore  incor- 
porated or  incorporated  under  the  provisions  of  this  act  are 
hereby  authorized  to  secure,  by  condemnation  or  otherwise, 
all  the  lands  actually  necessary  for  public  improvements,  re- 
gardless of  tribal  lines ;  and  when  the  same  can  not  be  secured 
otherwise  than  by  condemnation,  then  the  same  may  be  ac- 
quired as  provided  in  sections  nine  hundred  and  seven  and 
nine  hundred  and  twelve,  inclusive,  of  Mansfield's  Digest  of 
the  Statutes  of  Arkansas. 

U.  S.  v.  Lewis,  5  I.  T.  8,  76  S.  W.  299. 
Williams  v.  Finst  Nat'l  Bank,  20  Okla.  277,  95  Pac.  457. 
DeGraffenreid  v.  Iowa  Land  &  Trust  Co.,  20  Okla.  687,  95  Pae.  624. 
McWilliama    Investment   Co.   v.    Livingston,   22   Okla.    884,   98   Pac. 

914. 
Bruner  v.  Sanders,  26  Okla.  673,   110  Pac.  730. 
Sanders  v.  Sanders,  28  Okla.  59. 
Barnett  v.  Way,  29  Okla.  780,  119  Pae.  418. 
Divine  v.  Harmon,   30   Okla.   820,   121   Pac.   219. 
Morley  v.  Fewel,  32  Okla.  452,   122  Pac.  700. 
Shellenbarger  v.  Fewel,  124  Pac.  617. 
Taylor  v.  Parker.  126  Pac.  573.  33  Okla.  199. 
Chapman  v.   Siler,   30   Okla.    714,    120   Pac.   608. 
Harris  v.  Hardridge,   104  S.  W.  826,  166  Fed.   109. 
Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.  1041. 
Cherokee  Nation  v.   Hitchcock,   187   U.   S.   303,  47  L.  Ed.    183. 
Garfield  v.  Goldshy,  211   U.  S.  249,  52  L.  Ed.  168. 
Fleming  v.  McCurtain,  215  U.  S.  56,  54  L.  Ed.  88. 
Heckman  v.  United  States,  224  U.  S.   13,  56  L.  Ed.  820. 


54  Original  Curtis  Act. 

Record  and  Confirmation  of  Allotments. 

Sec.  12.  That  when  report  of  allotments  of  lands  of  any 
tribe  shall  be  made  to  the  Secretary  of  the  Interior,  as  here- 
inbefore provided,  he  shall  make  a  record  thereof,  and  when 
he  shall  confirm  such  allotments  the  allottees  shall  remain  in 
peaceable  and  undisturbed  possession  thereof,  subject  to  the 
provisions  of  this  act. 

Fleming  v.  McCurtain,  215  U.  S.  50,  54  L.  Ed.  88. 

Coal,  Asphalt  and  Oil  Lands  and  Leases. 

Sec.  13.  That  the  Secretary  of  the  Interior  is  hereby  au- 
thorized and  directed  from  time  to  time  to  provide  rules  and 
regulations  in  regard  to  the  leasing  of  oil,  coal,  asphalt,  and 
other  minerals  in  said  Territory,  and  all  such  leases  shall  be 
made  by  the  Secretary  of  the  Interior ;  and  any  lease  for  any 
such  minerals  otherwise  made  shall  be  absolutely  void.  No 
lease  shall  be  made  or  renewed  for  a  longer  period  than  fifteen 
years,  nor  cover  the  mineral  in  more  than  six  hundred  and 
forty  acres  of  land,  which  shall  conform  as  nearly  as  possible 
to  the  surveys.  Lessees  shall  pay  on  each  oil,  coal,  asphalt,  or 
other  mineral  claim  at  the  rate  of  one  hundred  dollars  per 
annum,  in  advance,  for  the  first  and  second  years ;  two  hundred 
dollars  per  annum,  in  advance,  for  the  third  and  fourth  years, 
and  five  hundred  dollars,  in  advance,  for  each  succeeding  year 
thereafter,  as  advanced  royalty  on  the  mine  or  claim  on  which 
they  are  made.  All  such  payments  shall  be  a  credit  on  roy- 
alty when  each  said  mine  is  developed  and  operated  and  its 
production  is  in  excess  of  such  guaranteed  annual  advanced 
payments ;  and  all  lessees  must  pay  said  annual  advanced  pay- 
ments on  each  claim,  whether  developed  or  undeveloped  ;  and 
should  any  lessee  neglect  or  refuse  to  pay  such  advanced  an- 
nual royalty  for  the  period  of  sixty  days  after  the  same  be- 
comes due  and  payable  on  any  lease,  the  lease  on  which  de- 
fault is  made  shall  become  null  and  void,  and  the  royalties 
paid  in  advance  shall  then  become  and  be  the  money  and  prop- 
erty of  the  tribe.     Where  any  oil,  coal,  asphalt,  or  other  min- 


Original  Curtis  Act.  55 

eral  is  hereafter  opened  on  land  allotted,  sold,  or  reserved, 
the  valne  of  the  use  of  the  necessary  surface  for  prospecting  or 
mining,  and  the  damage  done  to  the  other  land  and  improve- 
ments, shall  be  ascertained  under  the  direction  of  the  Secre- 
tary of  the  Interior  and  paid  to  the  allottee  or  owner  of  the 
land,  by  the  lessee  or  party  operating  the  same,  before  opera- 
tions begin :  Provided,  That  nothing  herein  contained  shall 
impair  the  rights  of  any  holder  or  owner  of  a  leasehold  inter- 
est in  any  oil,  coal  rights,  asphalt,  or  mineral  which  have  been 
assented  to  by  act  of  Congress,  but  all  such  interest  shall  con- 
tinue unimpaired  hereby,  and  shall  be  assured  to  such  holders 
or  owners  by  leases  from  the  Secretary  of  the  Interior  for  the 
term  not  exceeding  fifteen  years,  but  subject  to  payment  of  ad- 
vance royalties  as  herein  provided,  when  such  leases  are  not 
operated,  to  the  rate  of  royalty  on  coal  mined,  and  the  rules 
and  regulations  to  be  prescribed  by  the  Secretary  of  the  In- 
terior, and  preference  shall  be  given  to  such  parties  in  re- 
newals of  such  leases :  And  provided  further,  That  when,  un- 
der the  customs  and  laws  heretofore  existing  and  prevailing 
in  the  Indian  Territory,  leases  have  been  made  of  different 
groups  or  parcels  of  oil,  coal,  asphalt,  or  other  mineral  de- 
posits, and  possession  has  been  taken  thereunder  and  improve- 
ments made  for  the  development  of  such  oil,  coal,  asphalt,  or 
other  mineral  deposits,  by  lessees  or  their  assigns,  which  have 
resulted  in  the  production  of  oil,  coal,  asphalt,  or  other  mineral 
in  commercial  quantities  by  such  lessees  or  their  assigns,  then 
such  parties  in  possession  shall  be  given  preference  in  the  mak- 
ing of  new  leases,  in  compliance  with  the  directions  of  the  Sec- 
retary of  the  Interior;  and  in  making  new  leases  clue  consider- 
ation shall  be  made  for  the  improvements  of  such  lessees,  and 
in  all  cases  of  the  leasing  or  renewal  of  leases  of  oil,  coal,  as- 
phalt, and  other  mineral  deposits  preference  shall  be  given  to 
parties  in  possession  who  have  made  improvements.  The  rate 
of  royalty  to  be  paid  by  all  lessees  shall  be  fixed  by  the  Secre- 
tary of  the  Interior. 


56  Original  Curtis  Act. 

Owens  v.  Eaton,  5  I.  T.  275,  82  S.  W.  746. 

McBride  v.   Farrington,   131   Fed.   797. 

United  States  v.  McMurray,  181  Fed.  723. 

Cherokee  Nation  v.  .Hitchcock,  187  U.  S.  303,  47  L.  Ed.  183. 

Incorporation  of  Towns — Taxation. 

Sec.  14.  That  the  inhabitants  of  any  city  or  town  in  said 
Territory  having  two  hundred  or  more  residents  therein  may 
proceed,  by  petition  to  the  United  States  court  in  the  district 
in  which  such  city  or  town  is  located,  to  have  the  same  incor- 
porated as  provided  in  chapter  twenty-nine  of  Mansfield's  Di- 
gest of  the  Statutes  of  Arkansas,  if  not  already  incorporated 
thereunder ;  and  the  clerk  of  said  court  shall  record  all  papers 
and  perform  all  the  acts  required  of  the  recorder  of  the  county, 
or  the  clerk  of  the  county  court,  or  the  secretary  of  State, 
necessary  for  the  incorporation  of  any  city  or  town,  as  pro- 
vided in  Mansfield's  Digest,  and  such  city  or  town  government, 
when  so  authorized  and  organized,  shall  possess  all  the  powers 
and  exercise  all  the  rights  of  similar  municipalities  in  said 
State  of  Arkansas.  All  male  inhabitants  of  such  cities  and 
towns  over  the  age  of  twenty-one  years,  who  are  citizens  of  the 
United  States  or  of  either  of  said  tribes,  who  have  resided 
therein  more  than  six  months  next  before  any  election  held 
under  this  act,  shall  be  qualified  voters  at  such  election.  That 
mayors  of  such  cities  and  towns,  in  addition  to  their  other 
powers,  shall  have  the  same  jurisdiction  in  all  civil  and  crimi- 
nal cases  arising  within  the  corporate  limits  of  such  cities  and 
towns  as,  and  coextensive  with,  United  States  commissioners 
in  the  Indian  Territory,  and  may  charge,  collect,  and  retain 
the  same  fees  as  such  commissioners  now  collect  and  account 
for  to  the  United  States ;  and  the  marshal  or  other  executive 
officer  of  such  citv  or  town  may  execute  all  processes  issued 
in  the  exercise  of  the  jurisdiction  hereby  conferred,  and  charge 
and  collect  the  same  fees  for  similar  services,  as  are  allowed  to 
constables  under  the  laws  now  in  force  in  said  Territory. 

All  elections  shall  be  conducted  under  the  provisions  of 
chapter  fifty-six  of  said  digest,  entitled  "Elections,"  so  far  as 


Original  Curtis  Act.  57 

the  same  may  be  applicable ;  and  all  inhabitants  of  such  cities 
and  towns,  without  regard  to  race,  shall  be  subject  to  all  laws 
and  ordinances  of  such  city  or  town  governments,  and  shall 
have  equal  rights,  privileges,  and  protection  therein.  Such 
city  or  town  governments  shall  in  no  case  have  any  authority 
to  impose  upon  or  levy  any  tax  against  any  lands  in  said  cities 
or  towns  until  after  title  is  secured  from  the  tribe ;  but  all 
other  property,  including  all  improvements  on  town  lots,  which 
for  the  purposes  of  this  act  shall  be  deemed  and  considered 
personal  property,  together  with  all  occupations  and  privileges, 
shall  be  subject  to  taxation.  And  the  councils  of  such  cities 
and  towns,  for  the  support  of  the  same  and  for  school  and 
other  public  purposes,  may  provide  by  ordinance  for  the  as- 
sessment, levy,  and  collection  annually  of  a  tax  upon  such 
property,  not  to  exceed  in  the  aggregate  two  per  centum  of  the 
assessed  value  thereof,  in  manner  provided  in  chapter  one  hun- 
dred and  twenty-nine  of  said  digest,  entitled  "Revenue,"  and 
for  such  purposes  may  also  impose  a  tax  upon  occupations 
and  privileges. 

Such  councils  may  also  establish  and  maintain  free  schools 
in  such  cities  and  towns,  under  the  provisions  of  sections  sixty- 
two  hundred  and  fifty-eight  to  sixty-two  hundred  and  seventy- 
six,  inclusive,  of  said  digest,  and  may  exercise  all  the  powers 
conferred  upon  special  school  districts  in  cities  and  towns  in 
the  State  of  Arkansas  by  the  laws  of  said  State  when  the  same 
are  not  in  conflict  with  the  provisions  of  this  act. 

For  the  purposes  of  this  section  all  the  laws  of  said  State 
of  Arkansas  herein  referred  to,  so  far  as  applicable,  are  hereby 
put  in  force  in  said  Territory ;  and  the  United  States  court 
therein  shall  have  jurisdiction  to  enforce  the  same,  and  to  pun- 
ish any  violation  thereof,  and  the  city  or  town  councils  shall 
pass  such  ordinances  as  may  be  necessary  for  the  purpose  of 
making  the  laws  extended  over  them  applicable  to  them  and 
for  carrying  the  same  into  effect:  Provided,  That  nothing  in 
this  act,  or  in  the  laws  of  the  State  of  Arkansas,  shall  author- 
ize or  permit  the  sale,  or  exposure  for  sale,  of  any  intoxicating 


58  Original  Curtis  Act. 

liquor  in  said  Territory,  or  the  introduction  thereof  into  said 
Territory;  and  it  shall  be  the  duty  of  the  district  attorneys  in 
said  Territory  and  the  officers  of  such  municipalities  to  prose- 
cute all  violators  of  the  laws  of  the  United  States  relating  to 
the  introduction  of  intoxicating  liquors  into  said  Territory, 
or  to  their  sale,  or  exposure  for  sale,  therein :  Provided  fur- 
ther, That  owners  and  holders  of  leases  or  improvements  in 
any  city  or  town  shall  be  privileged  to  transfer  the  same. 

Zevely  v.  Weimer,  5  I.  T.  087,  82  S.  W.  941. 

In  re  Pott's  Guardianship,  7  I.  T.  59,   103  S.  W.  765. 

Baker  v.  Mareum  &  Toomer,  22  Okla.  21,  97  Pac.  572. 

Town   of   Hartshome    v.    Town    of    Haileyville,    24    Okla.    775,    104 

Pac.  JO. 
Lewis  v.  Sittle,  30  Okla.  530. 
Cochran  v.  Hocker,  124  Pae.  953. 
Dennee  v.  Cromer,   114   Fed.  623. 
U.  S.  v.  Rea-Reed  Mill  &  Elevator  Co.,  171  Fed.  501. 

Townsite  Commissions — Sale  of  Lots— Improvements.. 

Sec.  15.  That  there  shall  be  a  commission  in  each  town  for 
each  one  of  the  Chickasaw,  Choctaw,  Creek,  and  Cherokee 
tribes,  to  consist  of  one  member  to  be  appointed  by  the  execu- 
tive of  the  tribe,  who  shall  not  be  interested  in  town  property, 
other  than  his  home ;  one  person  to  be  appointed  by  the  Secre- 
tary of  the  Interior,  and  one  member  to  be  selected  by  the  town. 
And  if  the  executive  of  the  tribe  or  the  town  fail  to  select  mem- 
bers as  aforesaid,  they  may  be  selected  and  appointed  by  the 
Secretary  of  the  Interior. 

Said  commissions  shall  cause  to  be  surveyed  and  laid  out 
town  sites  where  towns  with  a  present  population  of  two  hun- 
dred or  more  are  located,  conforming  to  the  existing  survey, 
so  far  as  may  be,  with  proper  and  necessary  streets,  alleys,  and 
public  grounds,  including  parks  and  cemeteries,  giving  to  each 
town  such  territory  as  may  be  required  for  its  present  needs 
and  reasonable  prospective  growth  ;  and  shall  prepare  correct 
plats  thereof,  and  file  one  with  the  Secretary  of  the  Interior, 
one  with  the  clerk  of  the  United   States  court,  one  with  the 


Original  Curtis  Act.  59 

authorities  of  the  tribe,  and  one  with  the  town  authorities. 
And  all  town  lots  shall  be  appraised  by  said  commission  at  their 
true  value,  excluding  improvements ;  and  separate  appraise- 
ments shall  be  made  of  all  improvements  thereon  ;  and  no  such 
appraisement  shall  be  effective  until  approved  by  the  Secretary 
of  the  Interior,  and  in  case  of  disagreement  by  the  members 
of  such  commission  as  to  the  value  of  any  lot,  the  Secretary 
may  fix  the  value  thereof. 

The  owner  of  the  improvements  upon  any  town  lot,  other 
than  fencing,  tillage,  or  temporary  buildings,  may  deposit  in 
the  United  States  treasury,  Saint  Louis,  Missouri,  one-half 
of  such  appraised  value ;  ten  per  centum  within  two  months 
and  fifteen  per  centum  more  within  six  months  after  notice 
of  appraisement,  and  the  remainder  in  three  equal  annual  in- 
stallments thereafter,  depositing  with  the  Secretary  of  the  In- 
terior one  receipt  for  each  payment,  and  one  with  the  author- 
ities of  the  tribe,  and  such  deposit  shall  be  deemed  a  tender  to 
the  tribe  of  the  purchase  money  for  such  lot. 

If  the  owner  of  such  improvements  on  any  lot  fails  to  make 
deposit  of  the  purchase  money  as  aforesaid,  then  such  lot  may 
be  sold  in  the  manner  herein  provided  for  the  sale  of  unim- 
proved lots ;  and  when  the  purchaser  thereof  has  complied  with 
the  requirements  herein  for  the  purchase  of  improved  lots  he 
may,  by  petition,  apply  to  the  United  States  court  within  whose 
jurisdiction  the  town  is  located  for  condemnation  and  appraise- 
ment of  such  improvements,  and  petitioner  shall,  after  judg- 
ment, deposit  the  value  so  fixed  with  the  clerk  of  the  court ; 
and  thereupon  the  defendant  shall  be  required  to  accept  same 
in  full  payment  for  his  improvements  or  remove  same  from 
the  lot  within  such  time  as  may  be  fixed  by  the  court. 

All  town  lots  not  improved  as  aforesaid  shall  belong  to  the 
tribe,  and  shall  be  in  like  manner  appraised,  and,  after  approval 
by  the  Secretary  of  the  Interior,  and  due  notice,  sold  to  the 
highest  bidder  at  public  auction  by  said  commission,  but  not 
for  less  than  their  appraised  value,  unless  ordered  by  the  Sec- 
retary of  the  Interior ;  and  purchasers  may  in  like  manner  make 


60  Original  Curtis  Act. 

deposits  of  the  purchase  money  with  like  effect,  as  in  case  of 
improved  lots. 

The  inhabitants  of  any  town  may,  within  one  year  after  the 
completion  of  the  survey  thereof,  make  such  deposit  of  ten 
dollars  per  acre  for  parks,  cemeteries,  and  other  public  grounds 
laid  out  by  said  commission  with  like  effect  as  for  improved 
lots ;  and  such  parks  and  public  grounds  shall  not  be  used  for 
any  purpose  until  such  deposits  are  made. 

The  person  authorized  by  the  tribe  or  tribes  may  execute 
or  deliver  to  any  such  purchaser,  without  expense  to  him,  a 
deed  conveying  to  him  the  title  to  such  lands  or  town  lots ; 
and  thereafter  the  purchase  money  shall  become  the  propertv 
of  the  tribe ;  and  all  such  moneys  shall,  when  titles  to  all  the 
lots  in  the  towns  belonging  to  any  tribe  have  been  thus  per- 
fected, be  paid  per  capita  to  the  members  of  the  tribe:  Pro- 
vided, however,  That  in  those  town  sites  designated  and  laid 
out  under  the  provisions  of  this  act  where  coal  leases  are  now 
being  operated  and  coal  is  being  mined  there  shall  be  reserved 
from  appraisement  and  sale  all  lots  occupied  by  houses  of 
miners  actually  engaged  in  mining,  and  only  while  they  are 
so  engaged,  and  in  addition  thereto  a  sufficient  amount  of  land, 
to  be  determined  by  the  appraisers,  to  furnish  homes  for  the 
men  actually  engaged  in  working  for  the  lessees  operating  said 
mines  and  a  sufficient  amount  for  all  buildings  and  machinery 
for  mining  purposes :  And  provided  further,  That  when  the 
lessees  shall  cease  to  operate  said  mines,  then,  and  in  that 
event,  the  lots  of  land  so  reserved  shall  be  disposed  of  as  pro- 
vided for  in  this  act. 

Zevely  v.  Weimer,  5  I.  T.  087,  82  S.  W.  941. 

Tuttle  v.  Moore.  3  I.  T.  712,  f>4  S.  W.  585. 

Hockett  v.  Alston,  3  I.  T.  441,  58  S.  W.  675. 

Town    of    Hartshorne    v.    Town    of    Haileyville,    24    Okla.    775,    104 

Pac.  49. 
Lewis  v.  Sittle,  30  Okla.  530. 
Cochran  v.  Hooker.   124  Pac.  953. 
Fraer,  v.   Washington,    125   Fed.  280. 


Original  Curtis  Act.  6i 

W.   O.   Whitney  Lumber  &   Grain  Co.   v.   Crabtree,   104   S.   W.   862, 

166  Fed.  738. 
United  States  v.  Rea-Beed  Mill  &  Elevator  Co.,  171  Fed.  501. 
Buster  v.  Wright,  135  Fed.  947. 

Mineral  Lands — Rents  and  Royalties — Sale  of  Timber. 

Sec.  i6.  That  it  shall  be  unlawful  for  any  person,  after  the 
passage  of  this  act,  except  as  hereinafter  provided,  to  claim, 
demand,  or  receive,  for  his  own  use  or  for  the  use  of  anyone 
else,  any  royalty  on  oil,  coal,  asphalt,  or  other  mineral,  or  on 
any  timber  or  lumber,  or  any  other  kind  of  property  whatso- 
ever, or  any  rents  on  any  lands  or  property  belonging  to  any 
one  of  said  tribes  or  nations  in  said  Territory,  or  for  anyone 
to  pay  to  any  individual  any  such  royalty  or  rents  or  any  con- 
sideration therefor  whatsoever ;  and  all  royalties  and  rents 
hereafter  payable  to  the -tribe  shall  be  paid,  under  such  rules 
and  regulations  as  may  be  prescribed  by  the  Secretary  of  the 
Interior,  into  the  Treasury  of  the  United  States  to  the  credit 
of  the  tribe  to  which  they  belong:  Provided,  That  where  any 
citizen  shall  be  in  possession  of  only  such  amount  of  agricul- 
tural or  grazing  lands  as  would  be  his  just  and  reasonable 
share  of  tbe  lands  of  his  nation  or  tribe  and  that  to  which  his 
wife  and  minor  children  are  entitled,  he  may  continue  to  use 
the  same  or  receive  the  rents  thereon  until  allotment  has  been 
made  to  him :  Provided  further,  That  nothing  herein  con- 
tained shall  impair  the  rights  of  any  member  of  a  tribe  to  dis- 
pose of  any  timber  contained  on  his,  her,  or  their  allotment. 

U.  S.  v.  Lewis,  5  I.  T. ,  76  S.  W.  209. 

Hubbard  v.  Chism,  5  I.  T.  95,  82  S.  W.  GS6. 

Thompson  v.  McLaughlin,  7   L  T.   1,   103   S.  W.  595. 

Atoka   Coal  Mining  Co.  v.  Adams,  3   1.  T.   192,  53  S.   W.  539,   104 

Fed.  471. 
Coal  &  Improvement  Co.  v.  McBride,  3  I.  T.  223,  54  S.  W.  1099. 
Walker  v.  Boberson.  21  Okla.  894,  97  Eac.  609. 
Fraer  v.  Washington,   125  Fed.  280. 
McBride  v.  Farrington,    131    Fed.   797. 
Cherokee  Nation  v.  Hitchcock,   187  U.   S.  303,  47  L.  Ed.   183. 


62  Original  Curtis  Act. 

Excessive  Holdings  of  Lands — Misdemeanor. 

Sec.  17.  That  it  shall  be  unlawful  for  any  citizen  of  any 
one  of  said  tribes  to  inclose  or  in  any  manner,  by  himself  or 
through  another,  directly  or  indirectly,  to  hold  possession  of 
any  greater  amount  of  lands  or  other  property  belonging  to 
any  such  nation  or  tribe  than  that  which  would  be  his  approx- 
imate share  of  the  lands  belonging  to  such  nation  or  tribe  and 
that  of  his  wife  and  his  minor  children  as  per  allotment  herein 
provided ;  and  any  person  found  in  such  possession  of  lands  or 
other  property  in  excess  of  his  share  and  that  of  his  family, 
as  aforesaid,  or  having  the  same  in  any  manner  inclosed,  at 
the  expiration  of  nine  months  after  the  passage  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor. 

Denton  v.  Capital  Townsite  Co.,  5  I.  T.  396,  82  S.  W.  852. 

Thomason  v.  McLaughlin,  7   I.   T.   1,   103  S.  W.  595. 

Atoka  Coal  Mining  Co.  v.  Adams,  3  I.  T.  192,  53  S.  W.  539. 

Walker  v.  Roberson,  21   Okla.   894.  97   Pac.  009. 

Summers  v.  Barks,  127  Pac.  402. 

Williams  v.  First  Nat'l  Bank,  21G  U.  S.  5S2,  54  L.  Ed.  625. 

Excessive  Holdings — Penalty  for. 

Sec.  18.  That  any  person  convicted  of  violating  any  of  the 
provisions  of  sections  sixteen  and  seventeen  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor  and  punished  by  a  fine  of 
not  less  than  one  hundred  dollars,  and  shall  stand  committed 
until  such  fine  and  costs  are  paid  (such  commitment  not  to 
exceed  one  day  for  every  two  dollars  of  said  fine  and  costs), 
and  shall  forfeit  possession  of  any  property  in  question,  and 
each  day  on  which  such  offense  is  committed  or  continues  to 
exist  shall  be  deemed  a  separate  offense.  And  the  United 
States  district  attorneys  in  said  Territory  are  required  to  see 
that  the  provisions  of  said  sections  are  strictly  enforced,  and 
they  shall  at  once  proceed  to  dispossess  all  persons  of  such 
excessive  holding  of  lands  and  to  prosecute  them  for  so  unlaw- 
fully holding  the  same. 

Atoka  Coal  Mining  Co.  v.  Adams,  3  I.  T.  192,  53  S.  W.  539. 


Original  Curtis  Act.  63 

Per  Capita  Payments  Direct  to  Individuals. 

Sec.  19.  That  no  payment  of  any  moneys  on  any  amount 
whatever  shall  hereafter  be  made  by  the  United  States  to  any 
of  the  tribal  governments  or  to  any  officer  thereof  for  disburse- 
ment, but  payments  of  all  sums  to  members  of  said  tribes  shall 
be  made  under  direction  of  the  Secretary  of  the  Interior  by 
an  officer  appointed  by  him ;  and  per  capita  payments  shall  be 
made  direct  to  each  individual  in  lawful  money  of  the  United 
States,  and  the  same  shall  not  be  liable  to  the  payment  of  any 
previously  contracted  obligation. 

Dawes  Commission — Authority  of. 

Sec.  20.  That  the  commission  hereinbefore  named  shall 
have  authority  to  employ,  with  approval  of  the  Secretary  of 
the  Interior,  all  assistance  necessary  for  the  prompt  and  effi- 
cient performance  of  all  duties  herein  imposed,  including  com- 
petent surveyors  to  make  allotments,  and  to  do  any  other 
needed  work,  and  the  Secretary  of  the  Interior  may  detail 
competent  clerks  to  aid  them  in  the  performance  of  their  du- 
ties. 

Martin  v.  U.  S.,   1G8   Fed.   198. 

Rolls  of  Citizenship — Method  of  Making1. 

Sec.  21.  That  in  making  rolls  of  citizenship  of  the  several 
tribes,  as  required  by  law,  the  Commission  to  the  Five  Civilized 
Tribes  is  authorized  and  directed  to  take  the  roll  of  Cherokee 
citizens  of  eighteen  hundred  and  eighty  (not  including  f reed- 
men)  as  the  only  roll  intended  to  be  confirmed  by  this  and 
preceding  acts  of  Congress,  and  to  enroll  all  persons  now  liv- 
ing whose  names  are  found  on  said  roll,  and  all  descendants 
born  since  the  date  of  said  roll  to  persons  whose  names  are 
found  thereon ;  and  all  persons  who  have  been  enrolled  by  the 
tribal  authorities  who  have  heretofore  made  permanent  settle- 
ment in  the  Cherokee  Nation  whose  parents,  by  reason  of  their 
Cherokee  blood,  have  been  lawfully  admitted  to  citizenship 
by  the  tribal   authorities,   and   who   were  minors   when  their 


64  Original  Curtis  Act. 

parents  were  so  admitted ;  and  they  shall  investigate  the  right 
of  all  other  persons  whose  names  are  found  on  any  other  rolls 
and  omit  all  such  as  may  have  been  placed  thereon  by  fraud 
or  without  authority  of  law,  enrolling  only  such  as  may  have 
lawful  right  thereto,  and  their  descendants  born  since  such  rolls 
were  made,  with  such  intermarried  white  persons  as  may  be 
entitled  to  citizenship  under  Cherokee  laws. 

It  shall  make  a  roll  of  Cherokee  freedmen  in  strict  com- 
pliance with  the  decree  of  the  Court  of  Claims  rendered  the 
third  day  of  February,   eighteen  hundred  and  ninety-six. 

Said  Commission  is  authorized  and  directed  to  make  correct 
rolls  of  the  citizens  by  blood  of  all  the  other  tribes,  eliminat- 
ing from  the  tribal  rolls  such  names  as  may  have  been  placed 
thereon  by  fraud  or  without  authority  of  law,  enrolling  such 
only  as  may  have  lawful  right  thereto,  and  their  descendants 
born  since  such  rolls  were  made,  with  such  intermarried  white 
persons  as  may  be  entitled  to  Choctaw  and  Chickasaw  citizen- 
ship under  the  treaties  and  the  laws  of  said  tribes. 

Said  Commission  shall  have  authority  to  determine  the 
identity  of  Choctaw  Indians  claiming  rights  in  the  Choctaw 
lands  under  article  fourteen  of  the  treaty  between  the  United 
States  and  the  Choctaw  Nation  concluded  September  twenty- 
seventh,  eighteen  hundred  and  thirty,  and  to  that  end  they  may 
administer  oaths,  examine  witnesses,  and  perform  all  other 
acts  necessary  thereto  and  make  report  to  the  Secretary  of 
the  Interior. 

The  roll  of  Creek  freedmen  made  by  J.  W.  Dunn,  under 
authority  of  the  United  States,  prior  to  March  fourteenth, 
eighteen  hundred  and  sixty-seven,  .is  hereby  confirmed,  and 
said  Commission  is  directed  to  enroll  all  persons  now  living 
whose  names  are  found  on  said  rolls,  and  all  descendants  born 
since  the  date  of  said  roll  to  persons  whose  names  are  found 
thereon,  with  such  other  persons  of  African  descent  as  may 
have  been  rightfully  admitted  by  the  lawful  authorities  of  the 
Creek  Nation. 

It  shall  make  a  correct  roll  of  all  Choctaw  freedmen  enti- 
tled to  citizenship  under  the  treaties  and  laws  of  the  Choctaw 


Original  Curtis  Act.  65 

Nation,  and  all  their  descendants  born  to  them  since  the  date 
of  the  treaty. 

It  shall  make  a  correct  roll  of  Chickasaw  freedmen  entitled 
to  any  rights  or  benefits  under  the  treaty  made  in  eighteen 
hundred  and  sixty-six  between  the  United  States  and  the  Choc- 
taw and  Chickasaw  tribes  and  their  descendants  born  to  them 
since  the  date  of  said  treaty,  and  forty  acres  of  land,  including 
their  present  residences  and  improvements,  shall  be  allotted 
to  each,  to  be  selected,  held,  and  used  by  them  until  their  rights 
under  said  treaty  shall  be  determined  in  such  manner  as  shall 
be  hereafter  provided  by  Congress. 

The  several  tribes  may,  by  agreement,  determine  the  right 
of  persons  who  for  any  reason  may  claim  citizenship  in  two  or 
more  tribes,  and  to  allotment  of  lands  and  distribution  of  mon- 
eys belonging  to  each  tribe ;  but  if  no  such  agreement  be  made, 
then  such  claimant  shall  be  entitled  to  such  rights  in  one  tribe 
only,  and  may  elect  in  which  tribe  he  will  take  such  right ;  but 
if  he  fail  or  refuse  to  make  such  selection  in  due  time,  he 
shall  be  enrolled  in  the  tribe  with  whom  he  has  resided,  and 
there  be  given  such  allotment  and  distributions,  and  not  else- 
where. 

No  person  shall  be  enrolled  who  has  not  heretofore  removed 
to  and  in  good  faith  settled  in  the  nation  in  which  he  claims 
citizenship :  Provided,  however,  That  nothing  contained  in 
this  act  shall  be  so  construed  as  to  militate  against  any  rights 
or  privileges  which  the  Mississippi  Choctaws  may  have  under 
the  laws  of  or  the  treaties  with  the  United  States. 

Said  Commission  shall  make  such  rolls  descriptive  of  the 
persons  thereon,  so  that  they  may  be  thereby  identified,  and 
it"  is  authorized  to  take  a  census -of  each  of  said  tribes,  or  to 
adopt  any  other  means  by  them  deemed  necessary  to  enable 
them  to  make  such  rolls.  They  shall  have  access  to  all  rolls 
and  records  of  the  several  tribes,  and  the  United  States  court 
in  Indian  Territory  shall  have  jurisdiction  to  compel  the  offi- 
cers of  the  tribal  governments  and  custodians  of  such  rolls 
and  records  to  deliver  same  to  said  Commission,  and  on  their 
VCT5 


66  Original  Curtis  Act. 

refusal  or  failure  to  do  so  to  punish  them  as  for  contempt; 
as  also  to  require  all  citizens  of  said  tribes,  and  persons  who 
should  be  so  enrolled,  to  appear  before  said  Commission  for 
enrollment,  at  such  times  and  places  as  may  be  fixed  by  said 
Commission,  and  to  enforce  obedience  of  all  others  concerned, 
so  far  as  the  same  may  be  necessary,  to  enable  said  Commis- 
sion to  make  rolls  as  herein  required,  and  to  punish  anyone  who 
may  in  any  manner  or  by  any  means  obstruct  said  work. 

The  rolls  so  made,  when  approved  by  the  Secretary  of  the 
Interior,  shall  be  final,  and  the  persons  whose  names  are  found 
thereon,  with  their  descendants  thereafter  born  to  them,  with 
such  persons  as  may  intermarry  according  to  tribal  laws,  shall 
alone  constitute  the  several  tribes  which  they  represent. 

The  members  of  said  Commission  shall,  in  performing  all 
duties  required  of  them  by  law,  have  authority  to  administer 
oaths,  examine  witnesses,  and  send  for  persons  and  papers ; 
and  any  person  who  shall  wilfully  and  knowingly  make  any 
false  affidavit  or  oath  to  any  material  fact  or  matter  before 
any  member  of  said  Commission,  or  before  any  other  officer 
authorized  to  administer  oaths,  to  any  affidavit  or  other  paper 
to  be  filed  or  oath  taken  before  said  Commission,  shall  be 
deemed  guilty  of  perjury,  and  on  conviction  thereof  shall  be 
punished  as  for  such  offense. 

Dick  v.  Ross,  6  I.  T.  85.  89  S.  W.  664. 

Ikard  v.  Minter,  4  I.  T.  214,  69  S.  W.  852. 

Bruner  v.  Sanders,  26  Okla.  673,  110  Pac.  730. 

Hooks  v.  Kermard,  28  Okla.  457,  114  Pac.  744. 

Robinson  v.  Owen,  30  Okla.  484,  119  Pac.  995. 

Ground  v.  Dingman,  127  Pac.  1078. 

Kimberlin  v.  Commission,  104  Fed.  653. 

Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.  1041. 

Fleming  v.  McCurtain,  215  U.  S.  56,  54  L.  Ed.  88. 

Lowe  v.  Fisher,  223  U.   S.  95,  56  L.  Ed.  364. 

Cherokee  Nation  v.  Whitmire,  223  U.  S.  108,  56  L.  Ed.  370. 

Allotments  to  Members  of  Another  Tribe. 

Sec.  22.  That  where  members  of  one  tribe,  under  inter- 
course laws,  usages,  or  customs,  have  made  homes  within  the 


Original  Curtis  Act.  67 

limits  and  on  the  lands  of  another  tribe  they  may  retain  and 
take  allotment,  embracing  same  under  such  agreement  as  may 
be  made  between  such  tribes  respecting  such  settlers  ;  but  if 
no  such  agreement  be  made,  the  improvements  so  made  shall  be 
appraised,  and  the  value  thereof,  including  all  damages  incurred 
by  such  settler  incident  to  enforced  removal,  shall  be  paid  to 
him  immediately  upon  removal,  out  of  any  funds  belonging  to 
the  tribe,  or  such  settler,  if  he  so  desire,  may  make  private 
sale  of  his  improvements  to  any  citizen  of  the  tribe  owning 
the  lands:  Provided,  That  he  shall  not  be  paid  for  improve- 
ments made  on  lands  in  excess  of  that  to  which  he,  his  wife, 
and  minor  children  are  entitled  to  under  this  act. 

Agricultural   Leases — Termination. 

Sec.  23.  That  all  leases  of  agricultural  or  grazing  land  be- 
longing to  any  tribe  made  after  the  first  day  of  January,  eigh- 
teen hundred  and  ninety-eight,  by  the  tribe  or  any  member 
thereof,  shall  be  absolutely  void,  and  all  such  grazing  leases 
made  prior  to  said  date  shall  terminate  on  the  first  day  of 
April,  eighteen  hundred  and  ninety-nine,  and  all  such  agricul- 
tural leases  shall  terminate  on  January  first,  nineteen  hundred; 
but  this  shall  not  prevent  individuals  from  leasing  their  allot- 
ments when  made  to  them  as  provided  in  this  act,  nor  from 
occupying  or  renting  their  proportionate  shares  of  the  tribal 
lands  until  the  allotments  herein  provided  for  are  made. 

U.  S.  v.  Lewis,  5  I.  T.   1,  7G  S.  W.  299. 
Sharrock  v.  Kreiger,  6  I.  T.  466,  98  S.  W.   161. 
Scroggins  v.  Oliver,  7  I.  T.  740,  104  S.  W.   1161. 
Barton  v.  Hulsey,  4  I.  T.  260,  69  S.  W.  868. 

Tribal  Payments. 

Sec.  24.  That  all  moneys  paid  into  the  United  States  treas- 
ury at  Saint  Louis,  Missouri,  under  provisions  of  this  act  shall 
be  placed  to  the  credit  of  the  tribe  to  which  they  belong;  and 
the  assistant  United  States  treasurer  shall  give  triplicate  re- 
ceipts therefor  to  the  depositor. 


68  Original  Curtis  Act. 

Delaware  Segregation— Suit  by  Delaware  Indians. 

Sec.  25.  That  before  any  allotment  shall  be  made  of  lands 
in  the  Cherokee  Nation,  there  shall  be  segregated  therefrom 
by  the  Commission  heretofore  mentioned,  in  separate  allot- 
ments or  otherwise,  the  one  hundred  and  fifty-seven  thousand 
six  hundred  acres  purchased  by  the  Delaware  tribe  of  Indians 
from  the  Cherokee  Nation  under  agreement  of  April  eighth, 
eighteen  hundred  and  sixty-seven,  subject  to  the  judicial  de- 
termination of  the  rights  of  said  descendants  and  the  Cherokee 
Nation  under  said  agreement.  That  the  Delaware  Indians 
residing  in  the  Cherokee  Nation  are  hereby  authorized  and 
empowered  to  bring  suit  in  the  Court  of  Claims  of  the  United 
States,  within  sixty  days  after  the  passage  of  this  act,  against 
the  Cherokee  Nation,  for  the  purpose  of  determining  the  rights 
of  said  Delaware  Indians  in  and  to  the  lands  and  funds  of  said 
nation  under  their  contract  and  agreement  with  the  Cherokee 
Nation  dated  April  eighth,  eighteen  hundred  and  sixty-seven  ; 
or  the  Cherokee  Nation  may  bring  a  like  suit  against  sai  1 
Delaware  Indians ;  and  jurisdiction  is  conferred  on  said  court 
to  adjudicate  and  fully  determine  the  same,  with  right  of  an- 
peal  to  either  party  to  the  Supreme  Court  of  the  United  States. 
Delaware  Indians  v.  Cherokee  Nation,  193  U.  S.  130,  48  L.  Ed.  646. 

Termination  of  Tribal  Laws. 

Sec.  26.     That  on  and  after  the  passage  of  this  act  the  laws 
'of  the  various  tribes  or  nations  of  Indians  shall  not  be  enforced 
at  law  or  in  equity  by  the  courts  of  the  United  States  in  the 
Indian  Territory. 

MeAle^ter  v.  Edgerton,  3  I.  T.  711,  64  S.  W.  583. 

Nivens  v.  Nivens,  4  I.  T.  30,  64  S.  W.  604. 

George  v.  Robb,  4  I.  T.  61,  64  S.  W.  615. 

Heliker  Jarvis  Seminole  Co.  v.  Lincoln.  126  Pac.  723,  33  Okla.  425. 

Armstrong  v.  Wood,  195  Fed.  137. 

Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.  1041. 

Location  of  Indian  Inspector  in  Indian  Territory. 

Sec.  27.     That  the  Secretary  of  the  Interior  is  authorized 
to  locate  one  Indian  inspector  in  Indian  Territory,  who  may, 


Original  Curtis  Act.  69 

under  his  authority  and  discretion,  perform  any  duties  re- 
quired of  the  Secretary  of  the  Interior  by  law,  relating  to  af- 
fairs therein. 

Tribal  Courts  Abolished. 

Sec.  28.  That  on  the  first  day  of  July,  eighteen  hundred 
and  ninety-eight,  all  tribal  courts  in  Indian  Territory  shall  be 
abolished,  and  no  officer  of  said  courts  shall  thereafter  have 
any  authority  whatever  to  do  or  perform  any  act  theretofore 
authorized  by  any  law  in  connection  with  said  courts,  or  to 
receive  any  pay  for  same ;  and  all  civil  and  criminal  causes 
then  pending  in  any  such  court  shall  be  transferred  to  the 
United  States  Court  in  said  Territory  by  filing  with  the  clerk 
of  the  court  the  original  papers  in  the  suit :  Provided,  That  this 
section  shall  not  be  in  force  as  to  the  Chickasaw,  Choctaw,  and 
Creek  tribes  or  nations  until  the  first  day  of  October,  eighteen 
hundred  and  ninety-eight. 

In  re  PofTs  Guardianship,  7  I.  T.  59.   103  S.  W.  765. 

Boudinot  v.  Boudinot,  1  I.  T.  107,  48  S.  W.  1019. 

Tynon  v.  dwell,  3  T.  T.  340,  58  S.  W.  565. 

Campbell  v.  Scott,  3  I.  T.  466,  5S  S.  W.  719. 

In  re  Frazee,  3  I.  T.  590,  64  S.  W.  545. 

George  v.  Robb,  4  I.  T.  61,  64  S.  W.  615. 

Heliker    Jarvis    Seminole    Co.    v.    Lincoln,    126    Pac.    723,    33    Okla. 

425. 
Hayes  v.  Barringer,  104  S.  W.  937,  16S  Fed.  221. 
Stephens  v.  Cherokee  Nation,  174  U.  S.  444.  43  L.  Ed.  1041. 

Atoka  Agreement — Choctaw — Chickasaw  Lands — Allotment  of — 
Titles  to  Lands — Townsites — Coal  and  Asphalt — Jurisdiction 
of  IT.  S.  Courts — Railroads. 

Sec.  29.  That  the  agreement  made  by  the  Commission  to 
the  Five  Civilized  Tribes  with  commissions  representing  the 
Choctaw  and  Chickasaw  tribes  of  Indians  on  the  twenty-third 
day  of  April,  eighteen  hundred  and  ninety-seven,  as  herein 
amended,  is  hereby  ratified  and  confirmed,  and  the  same  shall 
be  of  full  force  and  effect  if  ratified  before  the  first  clay  of 
December,  eighteen  hundred  and  ninety-eight,  by  a  majority 


70  Original  Curtis  Act. 

of  the  whole  number  of  votes  cast  by  the  members  of  said 
tribes  at  an  election  held  for  that  purpose ;  and  the  executives 
of  said  tribes  are  hereby  authorized  and  directed  to  make  pub- 
lic proclamation  that  said  agreement  shall  be  voted  on  at  the 
next  general  election,  or  at  any  special  election  to  be  called 
by  such  executives  for  the  purpose  of  voting  on  said  agree- 
ment ;  and  at  the  election  held  for  such  purpose  all  male  mem- 
bers of  each  of  said  tribes  qualified  to  vote  under  his  tribal 
laws  shall  have  the  right  to  vote  at  the  election  precinct  most 
convenient  to  his  residence,  whether  the  same  be  within  the 
bounds  of  his  tribe  or  not :     Provided,  That  no  person  whose 
right  to  citizenship  in  either  of  said  tribes  or  nations  is  now 
contested  in  original  or  appellate  proceedings  before  any  United 
States  court  shall  be  permitted  to  vote  at  said  election:     Pro- 
vided further,  That  the  votes  cast  in  both  said  tribes  or  nations 
shall  be  forthwith  returned  duly  certified  by  the  precinct  offi- 
cers to  the  national  secretaries  of  said  tribes  or  nations,  and 
shall  be  presented  by  said  national  secretaries  to  a  board  of 
commissioners  consisting  of  the  principal  chief  and  national 
secretary  of  the  Choctaw  Nation,  the  governor  and  national 
secretary  of  the  Chickasaw  Nation,  and  a  member  of  the  Com- 
mission to  the  Five  Civilized  Tribes,  to  be  designated  by  the 
chairman  of  said  Commission ;  and  said  board  shall  meet  with- 
out delay  at  Atoka,  in  the  Indian  Territory,  and  canvass  and 
count  said  votes  and  make  proclamation  of  the  result;  and  if 
said  agreement  as  amended  be  so  ratified,  the  provisions  of 
this  act  shall  then  only  apply  to  said  tribes  where  the  same 
do  not  conflict  with  the  provisions  of  said  agreement ;  but  the 
provisions  of  said  agreement,  if  so  ratified,  shall  not  in  any 
manner  affect  the  provisions  of  section  fourteen  of  this  act, 
which  said  amended  agreement  is  as  follows : 

This  agreement,  by  and  between  the  Government  of  the 
United  States,  of  the  first  part,  entered  into  in  its  behalf  by 
the  Commission  to  the  Five  Civilized  Tribes,  Henry  L.  Dawes, 
Frank  C.  Armstrong,  Archibald  S.  McKennon,  Thomas  B. 
Cabaniss,  and  Alexander  B.  Montgomery,  duly  appointed  and 


Atoka  Agreement.  fi 

authorized  thereunto,  and  the  governments  of  the  Choctaw  and 
Chickasaw  tribes  or  nations  of  Indians  in  the  Indian  Territory, 
respectively,  of  the  second  part,  entered  into  in  behalf  of  such 
Choctaw  and  Chickasaw  governments,  duly  appointed  and  au- 
thorized thereunto,  viz.,  Green  McCurtain,  J.  S.  Standley,  N. 
B.  Ainsworth,  Ben  Hampton,  Wesley  Anderson,  Amos  Henry, 
D.  C.  Garland,  and  A.  S.  Williams,  in  behalf  of  the  Choctaw 
Tribe  or  Nation,  and  R.  M.  Harris,  I.  O.  Lewis,  Holmes  Col- 
bert, P.  S.  Mosely,  M.  V.  Cheadle,  R.  L.  Murray,  William 
Perry,  A.  H.  Colbert,  and  R.  L.  Boyd,  in  behalf  of  the  Chicka- 
saw Tribe  or  Nation. 

ALLOTMENT  OF   LANDS. 

Witnesseth,  That  in  consideration  of  the  mutual  undertak- 
ings, herein  contained,  it  is  agreed  as  follows : 

That  all  the  lands  within  the  Indian  Territory  belonging  to 
the  Choctaw  and  Chickasaw  Indians  shall  be  allotted  to  the 
members  of  said  tribes  so  as  to  give  to  each  member  of  these 
tribes  so  far  as  possible  a  fair  and  equal  share  thereof,  con- 
sidering the  character  and  fertility  of  the  soil  and  the  location 
and  value  of  the  lands. 

That  all  the  lands  set  apart  for  town  sites,  and  the  strip 
of  land  lying  between  the  city  of  Fort  Smith,  Arkansas,  and 
the  Arkansas  and  Poteau  rivers,  extending  up  said  river  to  the 
mouth  of  Mill  Creek ;  and  six  hundred  and  forty  acres  each, 
to  include  the  buildings  now  occupied  by  the  Jones  Academy, 
Tushkahoma  Female  Seminary,  Wheelock  Orphan  Seminary, 
and  Armstrong  Orphan  Academy,  and  ten  acres  for  the  capi- 
tol  building  of  the  Choctaw  Nation ;  one  hundred  and  sixtv 
acres  each,  immediately  contiguous  to  and  including  the  build- 
ings known  as  Bloomfield  Academy,  Lebanon  Orphan  Home, 
Harley  Institute,  Rock  Academy,  and  Collins  Institute,  and 
five  acres  for  the  capitol  building  in  the  Chickasaw  Nation, 
and  the  use  of  one  acre  of  land  for  each  church  house  now 
erected  outside  of  the  towns  and  eighty  acres  of  land  each  for 
J.  S.  Murrow,  H.  R.  Schermerhorn,  and  the  widow  of  R.  S. 


72  Atoka  Agreement. 

Bell,  who  have  been  laboring  as  missionaries  in  the  Choctaw 
and  Chickasaw  nations  since  the  year  eighteen  hundred  and 
sixty-six,  with  the  same  conditions  and  limitations  as  apply  to 
lands  allotted  to  the  members  of  the  Choctaw  and  Chickasaw 
nations,  and  to  be  located  on  lands  not  occupied  by  a  Choctaw 
or  a  Chickasaw,  and  a  reasonable  amount  of  land,  to  be  deter- 
mined by  the  town-site  commission,  to  include  all  court-houses 
and  jails  and  other  public  buildings  not  hereinbefore  provided 
for,  shall  be  exempted  from  division.   And  all  coal  and  asphalt 
in  or  under  the  lands  allotted  and  reserved  from  allotment  shall 
be  reserved  for  the  sole  use  of  the  members  of  the  Choctaw 
and  Chickasaw  tribes,  exclusive  of  f reedmen :    Provided,  That 
where  any  coal  or  asphalt  is  hereafter  opened  on  land  allotted, 
sold,  or  reserved,  the  value  of  the  use  of  the  necessary  surface 
for  prospecting  or  mining,  and  the  damage  done  to  the  other 
lands  and  improvements,  shall  be  ascertained  under  the  direc- 
tion of  the  Secretary  of  the  Interior  and  paid  to  the  allottee 
or  owner  of  the  land  by  the  lessee  or  party  operating  the  same, 
before  operations  begin.    That  in  order  to  such  equal  division, 
the  lands  of  the  Choctaws  and  Chickasaws  shall  be  graded  and 
appraised  so  as  to  give  to  each  member,  so  far  as  possible,  an 
equal  value  of  the  land:     Provided   further.  That  the  Com- 
mission to  the  Five  Civilized  Tribes  shall  make  a  correct  roll 
of  Chickasaw  freedmen  entitled  to  any  rights  or  benefits  under 
the   treaty  made  in  eighteen   hundred   and   sixty-six  between 
the  United  States  and  the  Choctaw  and  Chickasaw  trib<s  and 
their  descendants  born  to  them  since  the  date  of  said  treaty, 
and  forty  acres  of  land,  including  their  present  resident  es  and 
improvements,  shall  be  allotted  to  each,  to  be  selected,  held,  and 
used  by  them  until  their  rights  under  said  treaty  shall  be  deter- 
mined, in  such  manner  as  shall  hereafter  be  provided  by  act  of 
Congress. 

That  the  lands  allotted  to  the  Choctaw  and  Chickasaw  freed- 
men are  to  be  deducted  from  the  portion  to  be  allotted  under 
this  agreement  to  the  members  of  the  Choctaw  and  ChLkasaw 
tribes  so  as  to  reduce  the  allotment  to  the  Choctaws  and  Chick- 
asaws by  the  value  of  the  same. 


Atoka  Agreement.  JZ 

That  the  said  Choctaw  and  Chickasaw  freedmen  who  may 
be  entitled  to  allotments  of  forty  acres  each  shall  be  entitled 
each  to  land  equal  in  value  to  forty  acres  of  the  average  land  of 
the  two  nations. 

That  in  the  appraisement  of  the  lands  to  be  allotted  the 
Choctaw  and  Chickasaw  tribes  shall  each  have  a  representa- 
tive, to  be  appointed  by  their  respective  executives,  to  co-oper- 
ate with  the  Commission  to  the  Five  Civilized  Tribes,  or  any- 
one making  appraisements  under  the  direction  of  the  Secretary 
of  the  Interior  in  grading  and  appraising  the  lands  prepara- 
tory to  allotment.  And  the  land  shall  be  valued  in  the  ap- 
praisement as  if  in  its  original  condition,  excluding  the  im- 
provements thereon. 

That  the  appraisement  and  allotment  shall  be  made  under 
the  direction  of  the  Secretary  of  the  Interior,  and  shall  begin 
as  soon  as  the  progress  of  the  surveys,  now  being  made  by  the 
United  States  Government,  will  admit. 

That  each  member  of  the  Choctaw  and  Chickasaw  tribes, 
including  Choctaw  and  Chickasaw  freedmen,  shall,  where  it  is 
possible,  have  the  right  to  take  his  allotment  on  land  the  im- 
provements on  which  belong  to  him,  and  such  improvements 
shall  not  be  estimated  in  the  value  of  his  allotment.  In  the 
case  of  minor  children,  allotments  shall  be  selected  for  them 
by  their  father,  mother,  guardian,  or  the  administrator  having 
charge  of  their  estate,  preference  being  given  in  the  order 
named,  and  shall  not  be  sold  during  his  minority.  Allotments 
shall  be  selected  for  prisoners,  convicts,  and  incompetents  by 
some  suitable  person  akin  to  them,  and  due  care  taken  that  all 
persons  entitled  thereto  have  allotments  made  to  them. 

All  the  lands  allotted  shall  be  nontaxable  while  the  title  re- 
mains in  the  original  allottee,  but  not  to  exceed  twenty-one 
years  from  date  of  patent,  and  each  allottee  shall  select  from 
his  allotment  a  homestead  of  one  hundred  and  sixty  acres,  for 
which  he  shall  have  a  separate  patent,  and  which  shall  be  in- 
alienable for  twenty-one  years  from  date  of  patent.  This  provi- 
sion shall  also  apply  to  the  Choctaw  and  Chickasaw  freedman 


74  Atoka  Agreement. 

to  the  extent  of  his  allotment.  Selections  for  homesteads  for 
minors  to  be  made  as  provided  herein  in  case  of  allotment,  and 
the  remainder  of  the  lands  allotted  to  said  members  shall  be 
alienable  for  a  price  to  be  actually  paid,  and  to  include  no  for- 
mer indebtedness  or  obligation — one-fourth  of  said  remainder 
in  one  year,  one-fourth  in  three  years,  and  the  balance  of  said 
alienable  lands  in  five  years  from  the  date  of  the  patent. 

That  all  contracts  looking  to  the  sale  or  incumbrance  in  any 
way  of  the  land  of  an  allottee,  except  the  sale  hereinbefore  pro- 
videdj  shall  be  null  and  void.  No  allottee  shall  lease  his  allot- 
ment, or  any  portion  thereof,  for  a  longer  period  than  five  years, 
and  then  without  the  privilege  of  renewal.  Every  lease  which 
is  not  evidenced  by  writing,  setting  out  specifically  the  terms 
thereof,  or  which  is  not  recorded  in  the  clerk's  office  of  the 
United  States  court  for  the  district  in  which  the  land  is  located, 
within  three  months  after  the  date  of  its  execution,  shall  be 
void,  and  the  purchaser  or  lessee  shall  acquire  no  rights  what- 
ever by  an  entry  or  holding  thereunder,  and  no  such  lease  or 
any  sale  shall  be  valid  as  against  the  allottee  unless  providing 
to  him  a  reasonable  compensation  for  the  lands  sold  or  leased. 

That  all  controversies  arising  between  the  members  of  said 
tribes  as  to  their  right  to  have  certain  lands  allotted  to  them 
shall  be  settled  by  the  commission  making  the  allotments. 

That  the  United  States  shall  put  each  allottee  in  possession 
of  his  allotment  and  remove  all  persons  therefrom  objection- 
able to  the  allottee. 

That  the  United  States  shall  survey  and  definitely  mark  and 
locate  the  ninety-eighth  (98th)  meridian  of  west  longitude  be- 
tween Red  and  Canadian  rivers  before  allotment  of  the  lands 
herein  provided  for  shall  begin. 

members'  titles  to  lands. 
That,  as  soon  as  practicable  after  the  completion  of  said 
allotments,  the  principal  chief  of  the  Choctaw  Nation  and  the 
governor  of  the  Chickasaw  Nation  shall  jointly  execute,  under 
their  hands  and  the  seals  of  the  respective  nations,  and  de- 
liver to  each  of  the  said  allottees  patents  conveying  to  him 


Atoka  Agreement.  75 

all  the  right,  title,  and  interest  of  the  Choctaws  and  Chicka- 
saws  in  and  to  the  land  which  shall  have  been  allotted  to  him 
in  conformity  with  the  requirements  of  this  agreement,  except- 
ing all  coal  and  asphalt  in  or  under  said  land.  Said  patents 
shall  be  framed  in  accordance  with  the  provisions  of  this  agree- 
ment, and  shall  embrace  the  land  allotted  to  such  patentee  and 
no  other  land,  and  the  acceptance  of  his  patents  by  such  al- 
lottee shall  be  operative  as  an  assent  on  his  part  to  the  allot- 
ment and  conveyance  of  all  the  lands  of  the  Choctaws  and 
Chickasaws  in  accordance  with  the  provisions  of  this  agree- 
ment, and  as  a  relinquishment  of  all  his  right,  title,  and  inter- 
est in  and  to  any  and  all  parts  thereof,  except  the  land  em- 
braced in  said  patents,  except  also  his  interest  in  the  proceeds 
of  all  lands,  coal,  and  asphalt  herein  excepted  from  allotment. 
That  the  United  States  shall  provide  by  law  for  proper  rec- 
ord of  land  titles  in  the  territory  occupied  by  the  Choctaw  and 
Chickasaw  tribes. 

RAILROADS. 

The  rights  of  way  for  railroads  through  the  Choctaw  and 
Chickasaw  nations  to  be  surveyed  and  set  apart  and  platted 
to  conform  to  the  respective  acts  of  Congress  granting  the  same 
in  cases  where  said  rights  of  way  are  defined  by  such  acts  of 
Congress  but  in  cases  where  the  acts  of  Congress  do  not  define 
the  same,  then  Congress  is  memorialized  to  definitely  fix  the 
width  of  said  rights  of  way  for  station  grounds  and  between 
stations,  so  that  railroads  now  constructed  through  said  na- 
tions shall  have,  as  near  as  possible,  uniform  rights  of  way; 
and  Congress  is  also  requested  to  fix  uniform  rates  of  fare  and 
freight  for  all  railroads  through  the  Choctaw  and  Chickasaw 
nations ;  branch  railroads  now  constructed  and  not  built  ac- 
cording to  acts  of  Congress  to  pay  the  same  rates  for  rights  of 
way  and  station  grounds  as  main  lines. 

TOWN    SITES. 

It  is  further  agreed  that  there  shall  be  appointed  a  commis- 
sion for  each  of  the  two  nations.     Each  commission  shall  con- 


y6  Atoka  Agreement. 

sist  of  one  member,  to  be  appointed  by  the  executive  of  the 
tribe  for  which  said  commission  is  to  act,  who  shall  not  be  in- 
terested in  town  property  other  than  his  home,  and  one  to  be 
appointed  by  the  President  of  the  United  States.    Each  of  said 
commissions  shall  lay  out  town  sites,  to  be  restricted  as  far  as 
possible  to  their  present  limits,  where  towns  are  now  located 
in  the  nation  for  which  said  commission  is  appointed.     Said 
commission   shall   have  prepared  correct   and  proper  plats   of 
each  town,  and  file  one  in  the  clerk's  office  of  the  United  States 
district  court  for  the  district  in  which  the  town  is  located,  and 
one  with  the  principal  chief  or  governor  of  the  nation  in  which 
the  town  is  located,  and  one  with  the  Secretary  of  the  Interior, 
be  approved  by  him  before  the  same  shall  take  effect.     When 
said  towns  are  so  laid  out,  each  lot  on  which  permanent,  sub- 
stantial, and  valuable  improvements,  other  than  fences,  tilage, 
and  temporary  houses,  have  been  made,  shall  be  valued  by  the 
commission  provided  for  the  nation  in  which  the  town  is  lo- 
cated at  the  price  a  fee-simple  title  to  the  same  would  bring  in 
the  market  at  the  time  the  valuation  is  made,  but  not  to  include 
in  such  value  the  improvements  thereon.     The  owner  of  the 
improvements  on  each  lot  shall  have  the  right  to  buy  one  resi- 
dence and  one  business  lot  at  fifty  per  centum  of  the  appraised 
value  of  such  improved  property,  and  the  remainder  of  such 
improved  property  at  sixty-two  and  one-half  per  centum  of  the 
said  market  value  within  sixty  days  from  date  of  notice  served 
on  him  that  such  lot  is  for  sale,  and  if  he  purchases  the  same 
he  shall,  within  ten  days  from  his  purchase,  pay  into  the  Treas- 
ury of  the  United  States  one-fourth  of  the  purchase  price,  and 
the  balance  in  three  equal  annual  installments,  and  when  the 
entire  sum  is  paid  shall  be  entitled  to  a  patent  for  the  same.    In 
case  the  two  members  of  the  commission  fail  to  agree  as  to 
the  market  value  of  any  lot,  or  the  limit  or  extent  of  said  town, 
either  of  said  commissioners  may  report  any  such  disagreement 
to  the  judge  of  the  district  in  which  such  |o\vn  is  located,  who 
shall  appoint  a  third  member  to  act  with  said  commission,  who 
is  not  interested  in  town  lots,  who  shall  act  with  them  to  de- 
termine said  value. 


Atoka  Agreement.  77 

If  such  owner  of  the  improvements  on  any  lot  fails  within 
sixty  days  to  purchase  and  make  the  first  payment  on  same, 
such  lot,  with  the  improvements  thereon,  shall  be  sold  at  pub- 
lic auction  to  the  highest  bidder,  under  the  direction  of  the 
aforesaid  commission,  and  the  purchaser  at  such  sale  shall  pay 
to  the  owner  of  the  improvements  the  price  for  which  said  lot 
shall  be  sold,  less  sixty-two  and  one-half  per  cent  of  said  ap- 
praised value  of  the  lot,  and  shall  pay  the  sixty-two  and  one- 
half  per  cent  of  said  appraised  value  into  United  States  Treas- 
ury, under  regulations  to  be  established  by  the  Secretary  of 
the  Interior,  in  four  installments,  as  hereinbefore  provided. 
The  commission  shall  have  the  right  to  reject  any  bid  on  such 
lot  which  they  consider  below  its  value. 

All  lots  not  so  appraised  shall  be  sold  from  time  to  time  at 
public  auction  (after  proper  advertisement)  by  the  commis- 
sion for  the  nation  in  which  the  town  is  located,  as  may  seem 
for  the  best  interest  of  the  nations  and  the  proper  development 
of  each  town,  the  purchase  price  to  be  paid  in  four  installments, 
as  hereinbefore  provided  for  improved  lots.  The  commission 
shall  have  the  right  to  reject  any  bid  for  such  lots  which  they 
consider  below  its  value. 

All  the  payments  herein  provided  for  shall  be  made  under 
the  direction  of  the  Secretary  of  the  Interior  into  the  United 
States  Treasury,  a  failure  of  sixty  days  to  make  any  one  pay- 
ment to  be  a  forfeiture  of  all  payments  made  and  all  rights 
under  the  contract :  Provided,  That  the  purchaser  of  any  lot 
shall  have  the  option  of  paying  the  entire  price  of  the  lot  be- 
fore the  same  is  due. 

No  tax  shall  be  assessed  by  any  town  government  against 
any  town  lot  unsold  by  the  commission,  and  no  tax  levied 
against  a  lot  sold,  as  herein  provided,  shall  constitute  a  lien 
on  same  till  the  purchase  price  thereof  has  been  fully  paid 
to  the  nation. 

The  money  paid  into  the  United  States  Treasury  for  the 
sale  of  all  town  lots  shall  be  for  the  benefit  of  the  members  of 
the  Choctaw  and  Chickasaw  tribes   (freedmen  excepted),  and 


yS  Atoka  Agreement. 

at  the  end  of  one  year  from  the  ratification  of  this  agreement, 
and  at  the  end  of  each  year  thereafter,  the  funds  so  accumu- 
lated shall  be  divided  and  paid  to  the  Choctaws  and  Chickasaws 
(freedmen  excepted),  each  member  of  the  two  tribes  to  re- 
ceive an  equal  portion  thereof. 

That  no  law  or  ordinance  shall  be  passed  by  any  town  which 
interferes  with  the  enforcement  of  or  is  in  conflict  with  the 
laws  of  the  United  States  in  force  in  said  Territory,  and  all 
persons  in  such  towns  shall  be  subject  to  said  laws,  and  the 
United  States  agrees  to  maintain  strict  laws  in  the  territory  of 
the  Choctaw  and  Chickasaw  tribes  against  the  introduction, 
sale,  barter,  or  giving  away  of  liquors  and  intoxicants  of  any 
kind  or  quality. 

That  said  commission  shall  be  authorized  to  locate,  within 
a  suitable  distance  from  each  town  site,  not  to  exceed  five 
acres  to  be  used  as  a  cemetery,  and  when  any  town  has  paid 
into  the  United  States  Treasury,  to  be  part  of  the  fund  aris- 
ing from  the  sale  of  town  lots,  ten  dollars  per  acre  therefor, 
such  town  shall  be  entitled  to  a  patent  for  the  same,  as  herein 
provided  for  titles  to  allottees,  and  shall  dispose  of  same  at 
reasonable  prices  in  suitable  lots  for  burial  purposes,  the  pro- 
ceeds derived  from  such  sales  to  be  applied  by  the  town  gov- 
ernment to  the  proper  improvement  and  care  of  said  cemetery. 

That  no  charge  or  claim  shall  be  made  against  the  Choctaw 
or  Chickasaw  tribes  by  the  United  States  for  the  expenses  of 
surveying  and  platting  the  lands  and  town  sites,  or  for  grading, 
appraising,  and  allotting  the  lands,  or  for  appraising  and  dis- 
posing of  the  town  lots  as  herein  provided. 

That  the  land  adjacent  to  Fort  Smith,  and  lands  for  court- 
houses, jails,  and  other  public  purposes  excepted  from  allot- 
ment, shall  be  disposed  of  in  the  same  manner  and  for  the  same 
purposes  as  provided  .for  town  lots  herein,  but  not  till  the  Choc- 
taw and  Chickasaw  councils  shall  direct  such  disposition  to  be 
made  thereof,  and  said  land  adjacent  thereto  shall  be  placed 
under  the  jurisdiction  of  the  city  of  Fort  Smith,  Arkansas,  for 
police  purposes. 


Atoka  Agreement.  79 

There  shall  be  set  apart  and  exempted  from  appraisement 
and  sale  in  the  towns,  lots  upon  which  churches  and  parson- 
ages are  now  built  and  occupied,  not  to  exceed  fifty  feet  front 
and  one  hundred  feet  deep  for  each  church  or  parsonage:  Pro- 
vided, That  such  lots  shall  only  be  used  for  churches  and  par- 
sonages, and  when  they  cease  to  be  used  shall  revert  to  the 
members  of  the  tribes  to  be  disposed  of  as  other  town  lots : 
Provided  further.  That  these  lots  may  be  sold  by  the  churches 
for  which  they  are  set  apart  if  the  purchase  money  therefor 
is  invested  in  other  lot  or  lots  in  the  same  town,  to  be  used  for 
the  same  purpose  and  with  the  same  conditions  and  limitations 

It  is  agreed  that  all  the  coal  and  asphalt  within  the  limits 
of  the  Choctaw  and  Chickasaw  nations  shall  remain  and  be  the 
common  property  of  the  members  of  the  Choctaw  and  Chicka- 
saw tribes  (freedmen  excepted),  so  that  each  and  every  mem- 
ber shall  have  an  equal  and  undivided  interest  in  the  whole ; 
and  no  patent  provided  for  in  this  agreement  shall  convey  any 
title  thereto.  The  revenues  from  coal  and  asphalt,  or  so  much 
as  shall  be  necessary,  shall  be  used  for  the  education  of  the 
children  of  Indian  blood  of  the  members  of  said  tribes.  Such 
coal  and  asphalt  mines  as  are  now  in  operation,  and  all  others 
which  may  hereafter  be  leased  and  operated,  shall  be  under 
the  supervision  and  control  of  two  trustees,  who  shall  be  ap- 
pointed by  the  President  of  the  United  States,  one  on  the  rec- 
ommendation of  the  principal  chief  of  the  Choctaw  Nation, 
who  shall  be  a  Choctaw  by  blood,  whose  term  shall  be  for 
four  years,  and  one  on  the  recommendation  of  the  governor 
of  the  Chickasaw  Nation,  who  shall  be  a  Chickasaw  by  blood, 
whose  term  shall  be  for  two  years  ;  after  which  the  term  of 
appointees  shall  be  four  years.  Said  trustees,  or  either  of 
them,  may  at  any  time  be  removed  by  the  President  of  the 
United  States  for  good  cause  shown.  They  shall  each  give 
bond  for  the  faithful  performance  of  their  duties,  under  such 
rules  as  may  be  prescribed  by  the  Secretary  of  the  Interior. 
Their  salaries  shall  be  fixed  and  paid  by  their  respective  na- 
tions, each  of  whom  shall  make  full  report  of  all  his  acts  to 


80  Atoka  Agreement. 

the  Secretary  of  the  Interior  quarterly.     All  such  acts  shall  be 
subject  to  the  approval  of  said  Secretary. 

All  coal  and  asphalt  mines  in  the  two  nations,  whether  now 
developed  or  to  be  hereafter  developed,  shall  be  operated,  and 
the  royalties  therefrom  paid  into  the  Treasury  of  the  United 
States,  and  shall  be  drawn  therefrom  under  such  rules  and  reg- 
ulations as  shall  be  prescribed  by  the  Secretary  of  the  Interior. 

All  contracts  made  by  the  national  agents  of  the  Choctaw 
and  Chickasaw  nations  for  operating  coal  and  asphalt  with  any 
person  or  corporations  which  were,  on  April  twenty-third,  eigh- 
teen hundred  and  ninety-seven,  being  operated  in  good  faith, 
are  hereby  ratified  and  confirmed,  and  the  lessee  shall  have  the 
right  to  renew  the  same  when  they  expire,  subject  to  all  the 
provisions  of  this  act. 

All  agreements  heretofore  made  by  any  person  or  corpora- 
tion with  any  member  or  members  of  the  Choctaw  or  Chicka- 
saw nations,  the  object  of  which  was  to  obtain  such  member 
or  members  permission  to  operate  coal  or  asphalt,  are  hereby 
declared  void :  Provided,  That  nothing  herein  contained  shall 
impair  the  rights  of  any  holder  or  owner  of  a  leasehold  inter- 
est in  any  oil,  coal  rights,  asphalt,  or  mineral  which  have  been 
assented  to  by  act  of  Congress,  but  all  such  interests  shall  con- 
tinue unimpaired  hereby,  and  shall  be  assured  by  new  leases 
from  such  trustees  of  coal  or  asphalt  claims  described  therein 
by  application  to  the  trustees  writhin  six  months  after  the  rati- 
fication of  this  agreement,  subject,  however,  to  payment  of 
advance  royalties  herein  provided  for. 

All  leases  under  this  agreement  shall  include  the  coal  or 
asphaltum  or  other  mineral,  as  the  case  may  be,  in  or  under 
nine  hundred  and  sixty  acres,  which  shall  be  in  a  square  as 
nearly  as  possible  and  shall  be  for  thirty  years.  The  royalty 
on  coal  shall  be  fifteen  cents  per  ton  of  two  thousand  pounds 
on  all  coal  mined,  payable  on  the  25th  day  of  the  month  next 
succeeding  that  in  which  it  is  mined.  Royalty  on  asphalt 
shall  be  sixty  cents  per  ton,  payable  same  as  coal :  Provided, 
That  the  Secretary  of  the  Interior  may  reduce  or  advance  roy- 


Atoka  Agreement.  St 

alties  on  coal  and  asphalt  when  he  deems  it  for  the  best  inter- 
ests of  the  Choctaws  and  Chickasaws  to  do  so.  No  royalties 
shall  be  paid  except  into  the  United  States  Treasury,  as  herein 
provided. 

All  lessees  shall  pay  on  each  coal  or  asphalt  claim  at  the  rate 
of  one  hundred  dollars  per  annum,  in  advance,  for  the  first 
and  second  years ;  two  hundred  dollars  per  annum,  in  advance, 
for  the  third  and  fourth  years ;  and  five  hundred  dollars  for 
each  succeeding  year  thereafter.  All  such  payments  shall  be 
treated  as  advanced  royalty  on  the  mine  or  claim  on  which 
they  are  made,  and  shall  be  a  credit  as  royalty  when  each  said 
mine  is  developed  and  operated  and  its  production  is  in  excess 
of  such  guaranteed  annual  advance  payments,  and  all  persons 
having  coal  leases  must  pay  said  annual  advanced  payments 
on  each  claim  whether  developed  or  undeveloped :  Provided, 
however,  That  should  any  lessee  neglect  or  refuse  to  pay  such 
advanced  annual  royalty  for  the  period  of  sixty  days  after  the 
same  becomes  due  and  payable  on  any  lease,  the  lease  on  which 
default  is  made  shall  become  null  and  void,  and  the  royalties 
paid  in  advance  thereon  shall  then  become  and  be  the  monev 
and  property  of  the  Choctaw  and  Chickasaw  nations. 

In  surface,  the  use  of  which  is  reserved  to  present  coal  oper- 
ators, shall  be  included  such  lots  in  towns  as  are  occupied  by 
lessees'  houses — either  occupied  by  said  lessees'  employees  or 
as  offices  or  warehouses :  Provided,  however,  That  in  those 
town  sites  designated  and  laid  out  under  the  provision  of  this 
agreement  where  coal  leases  are  now  being  operated  and  coal 
is  being  mined,  there  shall  be  reserved  from  appraisement  and 
sale  all  lots  occupied  by  houses  of  miners  actually  engaged  in 
mining,  and  only  while  they  are  so  engaged,  and  in  addition 
thereto  a  sufficient  amount  of  land,  to  be  determined  bv'  the 
town-site  board  of  appraisers,  to  furnish  homes  for  the  men 
actually  engaged  in  working  for  the  lessees  operating  said 
mines  and  a  sufficient  amount  for  all  buildings  and  machinerv 
for  mining  purposes :  And  provided  further,  That  when  the 
lessees  shall  cease  to  operate  said  mines,  then  and  in  that  event 
VCT6 


82  Atoka  Agreement. 

the  lots  of  land  so  reserved  shall  be  disposed  of  by  the  coal 
trustees  for  the  benefit  of  the  Choctaw  and  Chickasaw  tribes. 

That  whenever  the  members  of  the  Choctaw  and  Chicka- 
saw tribes  shall  be  required  to  pay  taxes  for  the  support  of 
schools,  then  the  fund  arising  from  such  royalties  shall  be  dis- 
posed of  for  the  equal  benefit  of  their  members  (freedmen 
excepted)  in  such  manner  as  the  tribes  may  direct. 

It  is  further  agreed  that  the  United  States  courts  now  ex- 
isting, or  that  may  hereafter  be  created,  in  the  Indian  Terri- 
tory shall  have  exclusive  jurisdiction  of  all  controversies  grow- 
ing out  of  the  titles,  ownership,  occupation,  possession,  or  use 
of  real  estate,  coal,  and  asphalt  in  the  territory  occupied  by 
the  Choctaw  and  Chickasaw  tribes  ;  and  of  all  persons  charged 
with  homicide,  embezzlement,  bribery  and  embracery,  breaches 
or  disturbances  of  the  peace,  and  carrying  weapons,  hereafter 
committed  in  the  territory  of  said  tribe,  without  reference  to 
race  or  citizenship  of  the  person  or  persons  charged  with  such 
crime ;  and  any  citizen  or  officer  of  the  Choctaw  or  Chickasaw 
nations  charged  with  such  crime  shall  be  tried  and,  if  convicted, 
punished  as  though  he  were  a  citizen  or  officer  of  the  United 
States. 

And  sections  sixteen  hundred  and  thirty-six  to  sixteen  hun- 
dred and  forty-four,  inclusive,  entitled  "Embezzlement,"  and 
sections  seventeen  hundred  and  eleven  to  seventeen  hundred 
and  eighteen,  inclusive,  entitled  "Bribery  and  embracery,"  of 
Mansfield's  Digest  of  the  Laws  of  Arkansas,  are  hereby  ex- 
tended over  and  put  in  force  in  the  Choctaw  and  Chickasaw 
nations ;  and  the  word  "officer,"  where  the  same  appears  in 
said  laws,  shall  include  all  officers  of  the  Choctaw  and  Chick- 
asaw governments;  and  the  fifteenth  section  of  the  act  of 
Congress  entitled  "An  act  to  establish  United  States  courts  in 
the  Indian  Territory,  and  for  other  purposes,"  approved  March 
first,  eighteen  hundred  and  eighty-nine,  limiting  jurors  to  cit- 
izens of  the  United  States,  shall  be  held  not  to  apply  to  United 
States  courts  in  the  Indian  Territory  held  within  the  limits  of 
the  Choctaw  and  Chickasaw  nations;  and  all  members  of  the 


Atoka  Agreement.  83 

Choctaw  and  Chickasaw  tribes,  otherwise  qualified,  shall  h<J 
competent  jurors  in  said  courts:  Provided,  That  whenever  a 
member  of  the  Choctaw  and  Chickasaw  nations  is  indicted  for 
homicide,  he  may,  within  thirty  days  after  such  indictment 
and  his  arrest  thereon,  and  before  the  same  is  reached  for 
trial,  file  with  the  clerk  of  the  court  in  which  he  is  indicted  his 
affidavit  that  he  can  not  get  a  fair  trial  in  said  court ;  and  i: 
thereupon  shall  be  the  duty  of  the  judge  of  said  court  to  order 
a  change  of  venue  in  such  case  to  the  United  States  district 
court  for  the  western  district  of  Arkansas,  at  Fort  Smith. 
Arkansas,  or  to  the  United  States  district  court  for  the  eastern 
district,  of  Texas,  at  Paris,  Texas,  always  selecting  the  court 
that  in  his  judgment  is  nearest  or  most  convenient  to  the  place 
where  the  crime  charged  in  the  indictment  is  supposed  to  have 
been  committed,  which  courts  shall  have  jurisdiction  to  try  the 
case ;  and  in  all  said  civil  suits  said  courts  shall  have  full 
equity  powers ;  and  whenever  it  shall  appear  to  said  court,  at 
any  stage  in  the  hearing  of  any  case,  that  the  tribe  is  in  any 
way  interested  in  the  subject-matted  in  controversy,  it  shall 
have  power  to  summon  in  said  tribe  and  make  the  same  a 
party  to  the  suit  and  proceed  therein  in  all  respects  as  if  such 
tribe  were  an  original  party  thereto;  but  in  no  case  shall  suit 
be  instituted  against  the  tribal  government  without  its  consent. 
It  is  further  agreed  that  no  act,  ordinance,  or  resolution 
of  the  council  of  either  the  Choctaw  or  Chickasaw  tribes,  in 
any  manner  affecting  the  land  of  the  tribe,  or  of  the  individ- 
uals, after  allotment,  or  the  moneys  or  other  property  of  the 
tribe  or  citizens  thereof  (except  appropriations  for  the  regu- 
lar and  necessary  expenses  of  the  government  of  the  respec- 
tive tribes),  or  the  rights  of  any  persons  to  employ  any  kind 
of  labor,  or  the  rights  of  any  persons  who  have  taken  or  may 
take  the  oath  of  allegiance  to  the  United  States,  shall  be  of  any 
validity  until  approved  by  the  President  of  the  United  States. 
When  such  acts,  ordinances,  or  resolutions  passed  by  the  coun- 
cil of  either  of  said  tribes  shall  be  approved  by  the  governor 
thereof,  then  it  shall  be  the  duty  of  the  national  secretary  of 


84  Atoka  Agreement. 

said  tribe  to  forward  them  to  the  President  of  the  United 
States,  duly  certified  and  sealed,  who  shall,  within  thirty  days 
after  their  reception,  approve  or  disapprove  the  same.  Said 
acts,  ordinances,  or  resolutions,  when  so  approved,  shall  be 
published  in  at  least  two  newspapers  having  a  bona  fide  circu- 
lation in  the  tribe  to  be  affected  thereby,  and  when  disapproved 
shall  be  returned  to  the  tribe  enacting  the  same. 

It  is  further  agreed,  in  view  of  the  modification  of  legislative 
authority  and  judicial  jurisdiction  herein  provided,  and  the 
necessity  of  the  continuance  of  the  tribal  governments  so  mod- 
ified, in  order  to  carry  out  the  requirements  of  this  agreement, 
that  the  same  shall  continue  for  the  period  of  eight  years  from 
the  fourth  day  of  March,  eighteen  hundred  and  ninety-eight. 
This  stipulation  is  made  in  the  belief  that  the  tribal  govern- 
ments so  modified  will  prove  so  satisfactory  that  there  will  be 
no  need  or  desire  for  further  change  till  the  lands  now  occu- 
pied by  the  Five  Civilized  Tribes  shall,  in  the  opinion  of  Con- 
gress, be  prepared  for  admission  as  a  State  to  the  Union.  But 
this  provision  shall  not  be  construed  to  be  in  any  respect  an 
abdication  by  Congress  of  power  at  any  time  to  make  needful 
rules  and  regulations  respecting  said  tribes. 

That  all  per  capita  payments  hereafter  made  to  the  mem 
bers  of  the  Choctaw  or  Chickasaw  nations  shall  be  paid  directly 
to  each  individual  member  by  a  bonded  officer  of  the  United 
States,  under  the  direction  of  the  Secretary  of  the  Interior, 
which  officer  shall  be  required  to  give  strict  account  of  such 
disbursements  to  said  Secretary. 

That  the  following  sum  be,  and  is  hereby,  appropriated,  out 
of  any  money  in  the  Treasury  not  otherwise  appropriated,  for 
fulfilling  treaty  stipulations  with  the  Chickasaw  Nation  of 
Indians,  namely: 

For  arrears  of  interest,  at  five  per  centum  per  annum,  from 
December  thirty-first,  eighteen  hundred  and  forty,  to  June  thir- 
tieth, eighteen  hundred  and  eighty-nine,  on  one  hundred  and 
eighty-four  thousand  one  hundred  and  forty-three  dollars  and 
nine  cents  of  the  trust  fund  of  the  Chickasaw  Nation  erro- 


Atoka  Agreement.  85 

neously  dropped  from  the  books  of  the  United  States  prior  to 
December  thirty-first,  eighteen  hundred  and  forty,  and  restored 
December  twenty-seventh,  eighteen  hundred  and  eighty-seven, 
by  the  award  of  the  Secretary  of  the  Interior,  under  the  fourth 
article  of  the  treaty  of  June  twenty-second,  eighteen  hundred 
and  fifty-two,  and  for  arrears  of  interest,  at  five  per  centum 
per  annum,  from  March  eleventh,  eighteen  hundred  and  fifty, 
to  March  third,  eighteen  hundred  and  ninety,  on  fifty-six  thou- 
sand and  twenty-one  dollars  and  forty-nine  cents  of  the  trust 
fund  of  the  Chickasaw  Nation  erroneously  dropped  from  the 
books  of  the  United  States  March  eleventh,  eighteen  hundred 
and  fifty,  and  restored  December  twenty-seventh,  eighteen 
hundred  and  eighty-seven,  by  the  award  of  the  Secretary  of 
the  Interior,  under  the  fourth  article  of  the  treaty  of  June 
twenty-second,  eighteen  hundred  and  fifty-two,  five  hundred 
and  fifty-eight  thousand  five  hundred  and  twenty  dollars  and 
fifty-four  cents,  to  be  placed  to  the  credit  of  the  Chickasaw 
Nation  with  the  fund  to  which  it  properly  belongs :  Provided, 
That  if  there  be  any  attorneys'  fees  to  be  paid  out  of  same,  on 
contract  heretofore  made  and  duly  approved  by  the  Secretary 
of  the  Interior,  the  same  is  authorized  to  be  paid  by  him. 

It  is  further  agreed  that  the  final  decision  of  the  courts  of 
the  United  States  in  the  case  of  the  Choctaw  Nation  and  the 
Chickasaw  Nation  against  the  United  States  and  the  Wichita 
and  affiliated  bands  of  Indians,  now  pending,  when  made, 
shall  be  conclusive  as  the  basis  of  settlement  as  between  the 
United  States  and  said  Choctaw  and  Chickasaw  nations  for 
the  remaining  lands  in  what  is  known  as  the  "Leased  District," 
namely,  the  land  lying  between  the  ninety-eighth  and  one  hun- 
dredth degrees  of  west  longitude  and  between  the  Red  and 
Canadian  rivers,  leased  to  the  United  States  by  the  treaty  of 
eighteen  hundred  and  fifty-five,  except  that  portion  called  the 
Cheyenne  and  Arapahoe  country,  heretofore  acquired  by  the 
United  States,  and  all  final  judgments  rendered  against  said 
nations  in  any  of  the  courts  of  the  United  States  in  favor  of 
the  United  States  or  any  citizen  thereof  shall  first  be  paid  out 


86  Atoka  Agreement. 

of  any  sum  hereafter  found  due  said  Indians  for  any  interest 
they  may  have  in  the  so-called  "Leased  District." 

It  is  further  agreed  that  all  of  the  funds  invested,  in  lieu  of 
investment,  treaty  funds,  or  otherwise,  now  held  by  the  United 
States  in  trust  for  the  Choctaw  and  Chickasaw  tribes,  shall  be 
capitalized  within  one  year  after  the  tribal  governments  shall 
cease,  so  far  as  the  same  may  legally  be  done,  and  be  appro- 
priated and  paid,  by  some  officer  of  the  United  States  ap- 
pointed for  the  purpose,  to  the  Choctaws  and  Chickasaws 
(freedmen  excepted)  per  capita,  to  aid  and  assist  them  in  im- 
proving their  homes  and  lands. 

It  is  further  agreed  that  the  Choctaws  and  Chickasaws,  when 
their  tribal  governments  cease,  shall  become  possessed  of  all 
the  rights  and  privileges  of  citizens  of  the  United  States. 

ORPHAN    LANDS. 

It  is  further  agreed  that  the  Choctaw  orphan  lands  in  the 
State  of  Mississippi,  yet  unsold,  shall  be  taken  by  the  United 
States  at  one  dollar  and  twenty-five  cents  ($1.25)  per  acre,  and 
the  proceeds  placed  to  the  credit  of  the  Choctaw  orphan  fund 
in  the  Treasury  of  the  United  States,  the  number  of  acres  to 
be  determined  by  the  General  Land  Office. 

In  witness  whereof  the  said  commissioners  do  hereunto  affix 
their  names,  at  Atoka,  Indian  Territory,  this  the  twenty-third 
day  of  April,  eighteen  hundred  and  ninety-seven. 

Bruner  v.  U.  S.,  4  I.  T.  580,  76  S.  W.  244. 

Hampton  v. -Mays,  4  I.  T.  503,  69  S.  W.  1115. 

Zeverly  v.  Weimer,  5  I.  T.  689,  82  S.  W.  941. 

In  re  Pott's  Guardianship,  7  I.  T.  59,  103  S.  W.  765. 

Kelly  v.  Harper,  7  I.  T.  541,  104  S.  W.  829. 

Sayer  v.  Brown,  7  I.  T.  675,  104  S.  W.  877. 

Hayes  v.  Barringer,  7  I.  T.  697,  104  S.  W.  937,  168  Fed.  221. 

Boudinot  v.  Boudinot,  1  I.  T.  107,  48  S.  W.  1019. 

Ainsley  v.  Ainsworth,  4  I.  T.  308,  69  S.  W.  884. 

Thompson  v.  Morgan,  4  I.  T.  412,  69  S.  W.  920. 

DeGrafTenried  v.  Iowa  Land  &  Trust  Co.,  20  Okla.  687,  95  Pac.  624. 

Lewis  v.  Clements,  21  Okla.  167,  95  Pac.  769. 


Atoka  Agreement.  87 

Bristow  v.  Carrigan,  24  Okla.  325,   103   Pac.  596. 

Garrett  v.  Wolcott,  25  Okla.  574,   10G  Pac.  848. 

Simmons  v.  Whittington,  27  Okla.  35G,  112  Pac.  1018. 

Howard  v.  Farrar,  28  Okla.  490,  114  Pac.  695. 

Gleason   v.   Wood,   28   Okla.   502,    114   Pac.   703,   224   U.   S.   679,   56 

L.  Ed.  947. 
In  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 
Williams  v.  Johnson,  32  Okla.  247,  122  Pac.  485. 
Redwine  v.  Ansley,  32  Okla.  317,  122  Pac.  679. 
Rogers  v.  Noel,   124  Pac.  976. 
Brown  v.  Ledbetter,  32  Okla.  513,  122  Pac.  131. 
Beck  v.  Jackson,  23  Okla.  S12,   101  Pac.   1109. 
Lipscomb  v.  Allen,  23  Okla.  818,   102  Pac.  86. 
In  re  Feland's  Estate,  26  Okla.  448,   110  Pac.  736. 
Sorrels  v.  Jones,  26  Okla.  569,  110  Pac.  743. 
The  30,000  hind  suits,   199  Fed.  811. 
Elliott  v.  C4arvin,  104  S.  W.  878,  166  Fed.  278. 
Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.   1041. 
Morris  v.  Hitchcock,  194  U.  S.  384,  48  L.  Ed.  1030. 
Fleming  v.  McCurtain,  215  U.  S.  56,  54  L.  Ed.  88. 
Ballinger  v.   Frost,  216  U.   S.  240,  54  L.  Ed.   464. 
Williams  v.  First  Nafl  Bank,  216  U.  S.  582,  54  L.  Ed.  625. 
Hendrix  v.  United  States,  219  U.  S.  79,  55  L.  Ed.  102. 
Mullen  v.  U.  S.,  224  U.  S.  448,  56  L.  Ed.  834. 
Choate  v.  Trapp,  224  IT.  s.  665,  56  L.  Ed.  941. 
Harper  v.  Kelly,  29  Okla.  809,  120  Pac.  293. 


Original  Curtis  Act  and  Atoka  Agreement. 
FURTHER  ANNOTATIONS. 


Original  Curtis  Act  and  Atoka  Agreement.  89 

FURTHER  ANNOTATIONS. 


go  Rejected  Creek  Agreement. 

AGREEMENT  WITH  MUSCOGEE  OR  CREEK  TRIBE  OF  INDIANS. 

Approved  June  28,  1898. 

(30  Stat.  L.  514.) 

(The  following  Section  30  was  rejected  by  Creek  Nation 
at  an  election  held  November  1st,  1898,  it  therefore  never  be- 
came effective.) 

Allotment  of  Lands — Titles  and  Patents — Townsites — Jurisdic- 
tion of  Courts — Enactments  of  Council. 

Section  30.  That  the  agreement  made  by  the  Commission 
to  the  Five  Civilized  Tribes  with  the  commission  represent- 
ing the  Muscogee  (or  Creek)  tribe  of  Indians  on  the  twenty- 
seventh  day  of  September,  eighteen  hundred  and  ninety-seven, 
as  herein  amended,  is  hereby  ratified  and  confirmed,  and  the 
same  shall  be  of  full  force  and  effect  if  ratified  before  the 
first  day  of  December,  eighteen  hundred  and  ninety-eight,  by 
a  majority  of  the  votes  cast  by  the  members  of  said  tribe  at 
an  election  to  be  held  for  that  purpose ;  and  the  executive  of 
said  tribe  is  authorized  and  directed  to  make  public  proclama- 
tion that  said  agreement  shall  be  voted  on  at  the  next  general 
election,  to  be  called  by  such  executive  for  the  purpose  of  vot- 
ing on  said  agreement ;  and  if  said  agreement  as  amended  be 
so  ratified,  the  provisions  of  this  Act  shall  then  only  apply  to 
said  tribe  where  the  same  do  not  conflict  with  the  provisions 
of  said  agreement ;  but  the  provisions  of  said  agreement,  if  so 
ratified,  shall  not  in  any  manner  affect  the  provisions  of  sec- 
tion fourteen  of  this  Act,  which  said  amended  agreement  is 
as  follows : 

This  agreement  by  and  between  the  Government  of  the 
United  States  of  the  first  part,  entered  into  in  its  behalf  by 
the  Commission  to  the  Five  Civilized  Tribes,  Henry  L.  Dawes, 
Frank  C.  Armstrong,  Archibald  S.  McKennon,  Alexander  B. 
Montgomery,  and  Tarns  Bixby,  duly  appointed  and  authorized 
thereunto,  and  the  government  of  the  Muscogee  or  Creek  Na- 
tion in  the  Indian  Territory  of  the  second  part,  entered  into  in 


Rejected  Creek  Agreement.  91 

behalf  of  such  Muscogee  or  Creek  government,  by  its  com- 
mission, duly  appointed  and  authorized  thereunto,  viz.,  Pleas- 
ant Porter,  Joseph  Mingo,  David  N.  Hodge,  George  A.  Alex- 
ander, Roland  Brown,  William  A.  Sapulpa,  and  Conchartie 
Micco. 

Witnesseth,  That  in  consideration  of  the  mutual  undertak- 
ings herein  contained,  it  is  agreed  as  follows : 

general  allotment  of  land. 

1.  There  shall  be  allotted  out  of  the  lands  owned  by  the 
Muscogee  or  Creek  Indians  in  the  Indian  Territory  to  each 
citizen  of  said  nation  one  hundred  and  sixty  acres  of  land. 
Each  citizen  shall  have  the  right,  so  far  as  possible,  to  take 
his  one  hundred  and  sixty  acres  so  as  to  include  the  improve- 
ments which  belong  to  him,  but  such  improvements  shall  not 
be  estimated  in  the  value  fixed  on  his  allotment,  provided  any 
citizen  may  take  any  land  not  already  selected  by  another ;  but 
if  such  land,  under  actual  cultivation,  has  on  it  any  lawful 
improvements,  he  shall  pay  the  owner  of  said  improvements 
for  same,  the  value  to  be  fixed  by  the  commission  appraising 
the  land.  In  the  case  of  a  minor  child,  allotment  shall  be  se- 
lected for  him  by  his  father,  mother,  guardian,  or  the  adminis- 
trator having  charge  of  his  estate,  preference  being  given  in 
the  order  named,  and  shall  not  be  sold  during  his  minority. 
Allotments  shall  be  selected  for  prisoners,  convicts,  and  in- 
competents by  some  suitable  person  akin  to  them,  and  due  care 
shall  be  taken  that  all  persons  entitled  thereto  shall  have  allot- 
ments made  to  them. 

2.  Each  allotment  shall  be  appraised  at  what  would  be  its 
present  value,  if  unimproved,  considering  the  fertility  of  the 
soil  and  its  location,  but  excluding  the  improvements,  and  each 
allottee  shall  be  charged  with  the  value  of  his  allotment  in  the 
future  distribution  of  any  funds  of  the  nation  arising  from 
any  source  whatever,  so  that  each  member  of  the  nation  shall 
be  made  equal  in  the  distribution  of  the  lands  and  moneys  be- 
longing to  the  nation,  provided  that  the  minimum  valuation  to 


92  Rejected  Creek  Agreement. 

be  placed  upon  any  land  in  the  said  nation  shall  be  one  dollar 
and  twenty-five  cents  ($1.25)  per  acre. 

3.  In  the  appraisement  of  the  said  allotment,  said  nation 
may  have  a  representative  to  co-operate  with  a  commission,  or 
a  United  States  officer,  designated  by  the  President  of  the 
United  States,  to  make  the  appraisement.  Appraisements  and 
allotments  shall  be  made  under  the  direction  of  the  Secretary 
of  the  Interior,  and  begin  as  soon  as  an  authenticated  roll  of 
the  citizens  of  the  said  nation  has  been  made.  All  citizens  of 
said  nation,  from  and  after  the  passage  of  this  Act,  shall  be 
entitled  to  select  from  the  lands  of  said  nation  an  amount  equal 
to  one  hundred  and  sixty  acres,  and  use  and  occupy  the  same 
until  the  allotments  therein  provided  are  made. 

4.  All  controversies  arising  between  the  members  of  said 
nation  as  to  their  rights  to  have  certain  lands  allotted  to  them 
shall  be  settled  by  the  commission  making  allotments. 

5.  The  United  States  shall  put  each  allottee  in  unrestricted 
possession  of  his  allotment  and  remove  therefrom  all  persons 
objectionable  to  the  allottee. 

6.  The  excess  of  lands  after  allotment  is  completed,  all 
funds  derived  from  town  sites,  and  all  other  funds  accruing 
under  the  provisions  of  this  agreement  shall  be  used  for  the 
purpose  of  equalizing  allotments  valued  as  herein  provided, 
and  if  the  same  be  found  insufficient  for  such  purpose,  the  de- 
ficiency shall  be  supplied  from  other  funds  of  the  nation  upon 
dissolution  of  its  tribal  relations  with  the  United  States,  in 
accordance  with  the  purposes  and  intent  of  this  agreement. 

7.  The  residue  of  the  lands,  with  the  improvements  there- 
on, if  any  there  be,  shall  be  appraised  separately,  under  the 
direction  of  the  Secretary  of  the  Interior,  and  said  lands  and 
improvements  sold  in  tracts  of  not  to  exceed  one  hundred  and 
sixty  acres  to  one  person,  to  the  highest  bidder,  at  public  auc- 
tion,- for  not  less  than  the  appraised  value  per  acre  of  land ; 
and  after  deducting  the  appraised  value  of  the  lands,  the  re- 
mainder of  the  purchase  money  shall  be  paid  to  the  owners 
of  the  improvement. 


Rejected  Creek  Agreement.  93 

8.  Patents  to  all  lands  sold  shall  be  issued  in  the  same  man- 
ner as  to  allottees. 

SPECIAL    ALLOTMENTS. 

9.  There  shall  be  allotted  and  patented  one  hundred  and 
sixty  acres  each  to  Mrs.  A.  E.  W.  Robertson  and  Mrs.  H.  F. 
Buckner  (nee  Grayson)  as  special  recognition  of  their  serv- 
ices as  missionaries  among  the  people  of  the  Creek  Nation. 

10.  Harrell  Institute,  Henry  Kendall  College,  and  Naza- 
reth Institute,  in  Muscogee,  and  Baptist  University,  near  Mus- 
cogee, shall  have  free  of  charge,  to  be  allotted  and  patented  to 
said  institutions  or  to  the  churches  to  which  they  belong,  the 
grounds  they  now  occupy,  to  be  used  for  school  purposes  only 
and  not  to  exceed  ten  acres  each. 

RESERVATIONS. 

11.  The  following  lands  shall  be  reserved  from  the  gen- 
eral allotment  hereinbefore  provided : 

All  lands  hereinafter  set  apart  for  town  sites ;  all  lands 
which  shall  be  selected  for  town  cemeteries  by  the  town-site 
commission  as  hereinafter  provided ;  all  lands  that  may  be  oc- 
cupied at  the  time  allotment  begins  by  railroad  companies  duly 
authorized  by  Congress  as  railroad  rights  of  way ;  one  hundred 
sixty  acres  at  Okmulgee,  to  be  laid  off  as  a  town,  one  acre  of 
which,  now  occupied  by  the  capitol  building,  being  especially 
reserved  for  said  public  building;  one  acre  for  each  church 
now  located  and  used  for  purposes  of  worship  outside  of  the 
towns,  and  sufficient  land  for  burial  purposes,  where  neigh- 
borhood burial  grounds  are  now  located ;  one  hundred  sixty 
acres  each,  to  include  the  building  sites  now  occupied,  for  the 
following  educational  institutions :  Eufaula  High  School, 
Wealaka  Mission,  New  Yaka  Mission,  Wetumpka  Mission, 
Euchee  Institute,  Coweta  Mission,  Creek  Orphan  Home,  Talla- 
hassee Mission  (colored),  Pecan  Creek  Mission  (colored), 
and  Colored  Orphan  Home.  Also  four  acres  each  for  the  six 
court-houses  now  established. 


94  Rejected  Creek  Agreement. 

TITLES. 

12.  As  soon  as  practicable  after  the  completion  of  said 
allotments  the  principal  chief  of -the  Muscogee  or  Creek  Na- 
tion shall  execute  under  his  hand  and  the  seal  of  said  nation, 
and  deliver  to  each  of  said  allottees,  a  patent,  conveying  to  him 
all  the  right,  title,  and  interest  of  the  said  nation  in  and  to  the 
land  which  shall  have  been  allotted  to  him  in  conformity  with 
the  requirements  of  this  agreement.  Said  patents  shall  be 
framed  in  accordance  with  the  provisions  of  this  agreement 
and  shall  embrace  the  land  allotted  to  such  patentee  and  no 
other  land.  The  acceptance  of  this  patent  by  such  allottee 
shall  be  operative  as  an  assent  on  his  part  to  the  allotment  and 
conveyance  of  all  the  land  of  the  said  nation  in  accordance 
with  the  provisions  of  this  agreement,  and  as  a  relinquishment 
of  all  his  rights,  title,  and  interest  in  and  to  any  and  all  parts 
thereof,  except  the  land  embraced  in  said  patent ;  except,  also, 
his  interest  in  the  proceeds  of  all  lands  herein  excepted  from 
allotment. 

13.  The  United  States  shall  provide  by  law  for  proper  rec- 
ord of  land  titles  in  the  territory  occupied  by  the  said  nation. 

town  sites. 

14.  There  shall  be  appointed  a  commission,  which  shall 
consist  of  one  member  appointed  by  the  executive  of  the  Mus- 
cogee or  Creek  Nation,  who  shall  not  be  interested  in  town 
property  other  than  his  home,  and  one  member  who  shall  be 
appointed  by  the  President  of  the  United  States.  Said  com- 
mission shall  lay  out  town  sites,  to  be  restricted  as  far  as  pos- 
sible to  their  present  limits,  where  towns  are  now  located.  No 
town  laid  out  and  platted  by  said  commission  shall  cover  more 
than  four  square  miles  of  territory. 

15.  When  said  towns  are  laid  out,  each  lot  on  which  sub- 
stantial and  valuable  improvements  have  been  made  shall  be 
valued  by  the  commission  at  the  price  a  fee-simple  title  to  the 
same  would  bring  in  the  market  at  the  time  the  valuation  is 


Rejected  Creek  Agreement.  95 

made,  but  not  to  include  in  such  value  the  improvements  there- 
on. 

16.  In  appraising  the  value  of  town  lots,  the  number  of  in 
habitants,  the  location  and  surrounding  advantages  of  the  town 
shall  be  considered. 

17.  The  owner  of  the  improvements  on  any  lot  shall  have 
the  right  to  buy  the  same  at  fifty  per  centum  of  the  value 
within  sixty  days  from  the  date  of  notice  served  on  him  that 
such  lot  is  for  sale,  and  if  he  purchase  the  same  he  shall, 
within  ten  days  from  his  purchase,  pay  into  the  Treasury  of 
the  United  States  one-fourth  of  the  purchase  price  and  the 
balance  in  three  equal  annual  payments,  and  when  the  entire 
sum  is  paid  he  shall  be  entitled  to  a  patent  for  the  same,  to  be 
made  as  herein  provided  for  patents  to  allottees. 

18.  In  any  case  where  the  two  members  of  the  commission 
fail  to  agree  as  to  the  value  of  any  lot  they  shall  select  a  third 
person,  who  shall  be  a  citizen  of  said  nation  and  who  is  not 
interested  in  town  lots,  who  shall  act  with  them  to  determine 
said  value. 

19.  If  the  owner  of  the  improvements  on  any  lot  fail 
within  sixty  days  to  purchase  and  make  the  first  payment  on 
the  same,  such  lot,  with  the  improvements  thereon  (said  lot 
and  the  improvements  thereon  having  been  theretofore  prop- 
erly appraised),  shall  be  sold  at  public  auction  to  the  highest 
bidder,  under  the  direction  of  said  commission,  at  a  price  not 
less  than  the  value  of  the  lot  and  improvements,  and  the  pur- 
chaser at  such  sale  shall  pay  to  the  owner  of  the  improvements 
the  price  for  which  said  lot  and  the  improvements  thereon 
shall  be  sold,  less  fifty  per  centum  of  said  appraised  value  of 
the  lot,  and  shall  pay  fifty  per  centum  of  said  appraised  value 
of  the  lot  into  the  United  States  Treasury,  under  regulations 
to  be  established  by  the  Secretary  of  the  Interior,  in  four 
installments,  as  hereinbefore  provided.  Said  commission  shall 
have  the  right  to  reject  a  bid  on  any  lot  and  the  improvements 
thereon  which  it  may  consider  below  the  real  value. 

20.  All  lots  not  having  improvements  thereon  and  not  so 
appraised  shall  be  sold  by  the  commission  from  time  to  time 


96  Rejected  Creek  Agreement. 

at  public  auction,  after  proper  advertisement,  as  may  seem 
for  the  best  interest  of  the  said  nation  and  the  proper  devel- 
opment of  each  town,  the  purchase  price  to  be  paid  in  four 
installments,  as  hereinbefore  provided  for  improved  lots. 

21.  All  citizens  or  persons  who  have  purchased  the  right 
of  occupancy  from  parties  in  legal  possession  prior  to  the  date 
of  signing  this  agreement,  holding  lots  or  tracts  of  ground  in 
towns,  shall  have  the  first  right  to  purchase  said  lots  or  tracts 
upon  the  same  terms  and  conditions  as  is  provided  for  im- 
proved lots,  provided  said  lots  or  tracts  shall  have  been  there- 
tofore properly  appraised,  as  hereinbefore  provided  for  im- 
proved lots. 

22.  Said  commission  shall  have  the  right  to  reject  any  bid 
for  such  lots  or  tracts  which  is  considered  by  said  commis- 
sion below  the  fair  value  of  the  same. 

23.  Failure  to  make  any  one  of  the  payments  as  hereto- 
fore provided  for  a  period  of  sixty  days  shall  work  a  forfeiture 
of  all  payments  made  and  all  rights  under  the  contract;  pro- 
vided that  the  purchaser  of  any  lot  may  pay  full  price  before 
the  same  is  due. 

24.  No  tax  shall  be  assessed  by  any  town  government 
against  any  town  lot  unsold  by  the  commission,  and  no  tax 
levied  against  a  lot  sold  as  herein  provided  shall  constitute 
a  lien  on  the  same  until  the  purchase  price  thereof  has  been 
fully  paid. 

25.  No  law  or  ordinance  shall  be  passed  by  any  town 
which  interferes  with  the  enforcement  of  or  is  in  conflict  with 
the  constitution  or  laws  of  the  United  States,  or  in  conflict 
with  this  agreement,  and  all  persons  in  such  towns  shall  be 
subject  to  such  laws. 

26.  Said  commission  shall  be  authorized  to  locate  a  ceme- 
tery within  a  suitable  distance  from  each  town  site,  not  to 
exceed  twenty  acres ;  and  when  any  town  shall  have  paid  into 
the  United  States  Treasury  for  the  benefit  of  the  said  nation 
ten  dollars  per  acre  therefor,  such  town  shall  be  entitled  to  a 
patent  for  the  same,  as  herein  provided  for  titles  to  allottees. 


Rejected  Creek  Agreement.  97 

and  shall  dispose  of  same  at  reasonable  prices  in  suitable  lots 
for  burial  purposes ;  the  proceeds  derived  therefrom  to  be 
applied  by  the  town  government  to  the  proper  improvement 
and  care  of  said  cemetery. 

27.  No  charge  or  claim  shall  be  made  against  the  Muscogee 
or  Creek  Nation  by  the  United  States  for  the  expenses  of  sur- 
veying and  platting  the  lands  and  town  site,  or  for  grading, 
appraising  and  allotting  the  land,  or  for  appraising  and  dis- 
posing of  the  town  lots  as  herein  provided. 

28.  There  shall  be  set  apart  and  exempted  from  appraise- 
ment and  sale,  in  the  towns,  lots  upon  which  churches  and 
parsonages  are  now  built  and  occupied,  not  to  exceed  fifty  feet 
front  and  one  hundred  and  fifty  feet  deep  for  each  church 
and  parsonage.  Such  lots  shall  be  used  only  for  churches  and 
parsonages,  and  when  they  cease  to  be  so  used,  shall  revert 
to  the  members  of  the  nation,  to  be  disposed  of  as  other  town 
lots. 

29.  Said  commission  shall  have  prepared  correct  and 
proper  plats  of  each  town,  and  file  one  in  the  clerk's  office 
of  the  United  States  district  court  for  the  district  in  which  the 
town  is  located,  one  with  the  executive  of  the  nation,  and  one 
with  the  Secretary  of  the  Interior,  to  be  approved  by  him  be- 
fore the  same  shall  take  effect. 

30.  A  settlement  numbering  at  least  three  hundred  inhab- 
itants, living  within  a  radius  of  one-half  mile  at  the  time  of 
the  signing  of  this  agreement,  shall  constitute  a  town  within 
the  meaning  of  this  agreement.  Congress  may  by  law  provide 
for  the  government  of  the  said  towns. 

CLAIMS. 

31.  All  claims,  of  whatever  nature,  including  the  "Loyal 
Creek  Claim"  made  under  article  4  of  the  treaty  of  1866,  and 
the  "Self  Emigration  Claim,"  under  article  12  of  the  treaty 
of  1832,  which  the  Muscogee  or  Creek  Nation,  or  individuals 
thereof,  may  have  against  the  United  States,  or  any  claim 
which  the  United   States  may  have  against  the  said  nation, 

V  C  T  7 


98  Rejected  Creek  Agreement. 

shall  be  submitted  to  the  Senate  of  the  United  States  as  a 
board  of  arbitration ;  and  all  such  claims  against  the  United 
States  shall  be  presented  within  one  year  from  the  date  here- 
of, and  within  two  years  from  the  date  hereof  the  Senate  of 
the  United  States  shall  make  final  determination  of  said  claim ; 
and  in  the  event  that  any  moneys  are  awarded  to  the  Muscogee 
or  Creek  Nation,  or  individuals  thereof,  by  the  United  States, 
provision  shall  be  made  for  the  immediate  payment  of  the  same 
by  the  United  States. 

JURISDICTION   OF   COURTS. 

32.  The  United  States  courts  now  existing,  or  that  may 
hereafter  be  created  in  the  Indian  Territory,  shall  have  exclu- 
sive jurisdiction  of  all  controversies  growing  out  of  the  title, 
ownership,  occupation,  or  use  of  real  estate  in  the  territory 
occupied  by  the  Muscogee  or  Creek  Nation,  and  to  try  all  per- 
sons charged  with  homicide,  embezzlement,  bribery,  and  em- 
bracery hereafter  committed  in  the  territory  of  said  Nation, 
without  reference  to  race  or  citizenship  of  the  person  or  per- 
sons charged  with  any  such  crime ;  and  any  citizen  or  officer 
of  said  nation  charged  with  any  such  crime  shall  be  tried, 
and,  if  convicted,  punished  as  though  he  were  a  citizen  or  offi- 
cer of  the  United  States ;  and  the  courts  of  said  nation  shall 
retain  all  the  jurisdiction  which  they  now  have,  except  as  here- 
in transferred  to  the  courts  of  the  United  States. 

enactments  of  national  council. 

33.  No  act,  ordinance,  or  resolution  of  the  council  of  the 
Muscogee  or  Creek  Nation  in  any  manner  affecting  the  land 
of  the  nation,  or  of  individuals,  after  allotment,  or  the  moneys 
or  other  property  of  the  nation,  or  citizens -thereof  (except  ap- 
propriations for  the  regular  and  necessary  expenses  of  the 
government  of  the  said  nation),  or  the  rights  of  any  person  to 
employ  any  kind  of  labor,  or  the  rights  of  any  persons  who 
have  taken  or  may  take  the  oath  of  allegiance  to  the  United 
States,  shall  be  of  any  validity  until  approved  by  the  President 


Rejected  Creek  Agreement.  99 

of  the  United  States.  When  such  act,  ordinance,  or  resolution 
passed  by  the  "council  of  said  nation  shall  be  approved  by  the 
executive  thereof,  it  shall  then  be  the  duty  of  the  national 
secretary  of  said  nation  to  forward  same  to  the  President  of 
the  United  States,  duly  certified  and  sealed,  who  shall,  within 
thirty  days  after  receipt  thereof,  approve  or  disapprove  the 
same,  and  said  act,  ordinance,  or  resolution,  when  so  approved, 
shall  be  published  in  at  least  two  newspapers  having  a  bona 
fide  circulation  throughout  the  territory  occupied  by  said  na- 
tion, and  when  disapproved  shall  be  returned  to  the  executive 
of  said  nation. 

MISCELLANEOUS. 

34.  Neither  the  town  lots  nor  the  allotment  of  land  of  any 
citizen  of  the  Muscogee  or  Creek  Nation  shall  be  subjected  to 
any  debt  contracted  by  him  prior  to  the  date  of  his  patent. 

35.  All  payments  herein  provided  for  shall  be  made,  under 
the  direction  of  the  Secretary  of  the  Interior,  into  the  United 
States  Treasury,  and  shall  be  for  the  benefit  of  the  citizens  of 
the  Muscogee  or  Creek  Nation.  All  payments  hereafter  to 
be  made  to  the  members  of  the  said  nation  shall  be  paid  directly 
to  each  individual  member  by  a  bonded  officer  of  the  United 
States,  under  the  direction  of  the  Secretary  of  the  Interior, 
which  officer  shall  be  required  to  give  strict  account  for  such 
disbursements  to  the  Secretary. 

36.  The  United  States  agrees  to  maintain  strict  laws  in 
the  territory  of  said  nation  against  the  introduction,  sale,  bar- 
ter, or  giving  away  of  liquors  and  intoixcants  of  any  kind  or 
quality. 

37.  All  citizens  of  said  nation,  when  the  tribal  government 
shall  cease,  shall  become  possessed  of  all  the  rights  and  priv- 
ileges of  citizens  of  the  United  States. 

38.  This  agreement  shall  in  no  wise  affect  the  provisions 
of  existing  treaties  between  the  Muscogee  or  Creek  Nation 
and  the  United  States,  except  in  so  far  as  it  is  inconsistent 
therewith. 


ioo  Original  Creek  Treaty. 

In  witness  whereof,  the  said  Commissioners  do  hereunto 
affix  their  names  at  Muscogee,  Indian  Territory,  this  the 
twenty-seventh  day  of  September,  eighteen  hundred  and  nine- 
ty-seven. 

Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.  1041. 


ORIGINAL   CREEK  TREATY. 

(31  Stat.  L.  861.) 

Approved  March  1,  1901,  and  Ratified  hy  the  Creek  Nation  May  25,  1901. 

AN  ACT  TO  RATIFY'  AND  CONFIRM  AN  AGREEMENT 

WITH  TITE  MUSCOGEE   OR  CREEK  TRIBE   OF  INDIANS, 

AND  FOR  OTHER  PURPOSES. 

Preamble — Mode  of  Adoption  and  Ratification. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED.  That  the  agree- 
ment negotiated  between  the  Commission  to  the  Five  Civilized 
Tribes  and  the  Muskogee  or  Creek  Tribe  of  Indians  at  the 
city  of  Washington  on  the  eighth  day  of  March,  nineteen  hun- 
dred, as  herein  amended,  is  hereby  accepted,  ratified,  and  con- 
firmed, and  the  same  shall  be  of  full  force  and  effect  when 
ratified  by  the  Creek  national  council.  The  principal  chief, 
as  soon  as  practicable  after  the  ratification  of  this  agreement 
by  Congress,  shall  call  an  extra  session  of  the  Creek  national 
council  and  lay  before  it  this  agreement  and  the  act  of  Con- 
gress ratifying  it,  and  if  the  agreement  be  ratified  by  said  coun- 
cil, as  provided  in  the  constitution  of  said  nation,  he  shall  trans- 
mit to  the  President  of  the  United  States  the  act  of  council 
ratifying  the  agreement,  and  the  President  of  the  United  States 
shall  thereupon  issue  his  proclamation  declaring  the  same  duly 
ratified,  and  that  all  the  provisions  of  this  agreement  have 
become  law  according  to  the  terms  thereof:     Provided,  that 


Original  Creek  Treaty.  iot 

such  ratification  by  the  Creek  national  council  shall  be  made 
within  ninety  days  from  the  approval  of  this  act  by  the  Pres- 
ident of  the  United  States. 

This  agreement  by  and  between  the  United  States,  entered 
into  in  its  behalf  by  the  Commission  to  the  Five  Civilized 
Tribes,  Henry  L.  Dawes,  Tarns  Bixby,  Archibald  S.  McKen- 
non,  and  Thomas  B.  Needles,  duly  appointed  and  authorized 
thereunto,  and  the  Muskogee  (or  Creek)  tribe  of  Indians,  in 
Indian  Territory,  entered  into  in  behalf  of  said  tribe  by  Pleas- 
ant Porter,  principal  chief,  and  George  A.  Alexander,  David 
M.  Hodge,  Isparhecher,  Albert  P.  McKellop,  and  Cub  Mc- 
intosh, delegates,  duly  appointed  and  authorized  thereunto. 

Witnesseth  that  in  consideration  of  the  mutual  undertakings 
herein  contained  it  is  agreed  as  follows : 

DEFINITIONS. 

Definitions. 

i.  The  words  "Creek"  and  "Muskogee,"  as  used  in  this 
agreement,  shall  be  deemed  synonymous,  and  the  words  "Creek 
Nation"  and  "tribe"  shall  each  be  deemed  to  refer  to  the  Mus- 
kogee Nation  or  Muskogee  tribe  of  Indians  in  Indian  Terri- 
tory. The  words  "principal  chief"  shall  be  deemed  to  refer 
to  the  principal  chief  of  the  Muskogee  Nation.  The  words 
"citizen"  or  "citizens"  shall  be  deemed  to  refer  to  a  member  or 
members  of  the  Muskogee  tribe  or  nation  of  Indians.  The 
words  "The  Dawes  Commission"  or  "Commission"  shall  be 
deemed  to  refer  to  the  United  States  Commission  to  the  Five 
Civilized  Tribes. 

Hawkins  v.  Okla.  Oil  Co.,  195  Fed.  345. 

GENERAL    ALLOTMENT    OF    LANDS. 

Standard  of  Allotments — Appraisement. 

2.  All  lands  belonging  to  the  Creek  tribe  of  Indians  in  the 
Indian  Territory,  except  town  sites  and  lands  herein  reserved 
for  Creek  schools  and  public  buildings,  shall  be  appraised  at 


102  Original  Creek  Treaty. 

their  true  value,  excluding  only  improvements  on  lands  in  ac- 
tual cultivation.  The  appraisement  shall  be  made  under  direc- 
tion of  the  Dawes  Commission  by  such  number  of  committees, 
with  necessary  assistance,  as  may  be  deemed  necessary  to  ex- 
pedite the  work,  one  member  of  each  committee  to  be  appointed 
by  the  principal  chief;  and  if  the  members  of  any  committee 
fail  to  agree  as  to  the  value  of  any  tract  of  land,  the  value 
thereof  shall  be  fixed  by  said  Commission.  Each  Committee 
shall  make  report  of  its  work  to  said  Commission,  which  shall 
from  time  to  time  prepare  reports  of  same,  in  duplicate,  and 
transmit  them  to  the  Secretary  of  the  Interior  for  his  ap- 
proval, and  when  approved  one  copy  thereof  shall  be  returned 
to  the  office  of  said  Commission  for  its  use  in  making  allot- 
ments as  herein  provided. 

Fawcett  v.   Hill.   20   Okla.   461,    118   Pac.    132. 
Hawkins  v.  Okla.  Oil  Co.,  195  Fed.  345. 

Allotment  of  Lands — Appraised  Value. 

3.  All  lands  of  said  tribe,  except  as  herein  provided,  shall 
be  allotted  among  the  citizens  of  the  tribe  by  said  Commission 
so  as  to  give  to  each  an  equal  share  of  the  whole  in  value,  as 
nearly  as  may  be,  in  manner  following :  There  shall  be  allotted 
to  each  citizen  one  hundred  and  sixty  acres  of  land — bounda- 
ries to  conform  to  the  Government  survey — which  may  be  se- 
lected by  him  so  as  to  include  improvements  which  belong  to 
him.  One  hundred  and  sixty  acres  of  land,  valued  at  six 
dollars  and  fifty  cents  per  acre,  shall  constitute  the  standard 
value  of  an  allotment,  and  shall  be  the  measure  for  the  equali- 
zation of  values,  and  any  allottee  receiving  lands  of  less  than 
such  standard  value  may,  at  any  time,  select  other  lands  which, 
at  their  appraised  value,  are  sufficient  to  make  his  allotment 
equal  in  value  to  the  standard  so  fixed. 

If  any  citizen  select  lands,  the  appraised  value  of  which,  for 
any  reason,  is  in  excess  of  such  standard  value,  the  excess  of 
value  shall  be  charged  against  him  in  the  future  distribution 
of  the  funds  of  the  tribe  arising  from  all  sources  whatsoever, 


Original  Creek  Treaty.  103 

and  he  shall  not  receive  any  further  distribution  of  property 
or  funds  of  the  tribe  until  all  other  citizens  have  received  lands 
and  money  equal  in  value  to  his  allotment.  If  any  citizen  select 
lands  the  appraised  value  of  which  is  in  excess  of  such  stand- 
ard value,  he  may  pay  the  overplus  in  money,  but  if  he  fail  to 
do  so,  the  same  shall  be  charged  against  him  in  the  future  dis- 
tribution of  the  funds  of  the  tribe  arising  from  all  sources 
whatsoever,  and  he  shall  not  receive  any  further  distribution 
of  property  or  funds  until  all  other  citizens  shall  have  received 
lands  and  funds  equal  in  value  to  his  allotment ;  and  if  there 
be  not  sufficient  funds  of  the  tribe  to  make  the  allotments  of 
all  other  citizens  of  the  tribe  equal  in  value  to  his,  then  the 
surplus  shall  be  a  lien  upon  the  rents  and  profits  of  his  allot- 
ment until  paid. 

Garrett  v.  American  Baptist  Home  Mission   Society,  29   Okla.  272, 

116  Pac.  921. 
Fawcett  v.  Hill,  29  Okla.  461,  118  Pac.  132. 
Barnett  v.  Way,  29  Okla.  780.  119  Pac.  418. 
Western  Investment  Co.  v.  Tiger,  21   Okla.   630,  96  Pac.   602. 
U.  S.  v.  Ft.  Smith  &  W.  R.  Co.,  195  Fed.  211.  * 

Hawkins  v.  Okla.  Oil  Co.,  195  Fed.  345. 
Reed  v.  Welty,  197  Fed.  419. 

Allotments  of  Minors,  Etc.,  How  Selected. 

4.  Allotment  for  any  minor  may  be  selected  by  his  father, 
mother,  or  Guardian,  in  the  order  named,  and  shall  not  be- sold 
during  his  minority.  All  guardians  or  curators  appointed  for 
minors  and  incompetents  shall  be  citizens. 

Allotments  may  be  selected  for  prisoners,  convicts,  and  aged 
and  infirm  persons  by  their  duly  appointed  agents,  and  for  in- 
competents by  guardians,  curators,  or  suitable  persons  akin  to 
them,  but  it  shall  be  the  duty  of  said  Commission  to  see  that 
such  selections  are  made  for  the  best  interests  of  such  parties. 

International  Land  Co.  v.  Marshall,  22  Okla.  693,  98  Pac.  951. 
Blakemore  v.  Johnson,  24  Okla.  544,  103  Pac.  554. 
Jefferson  v.  Winkler,  26  Okla.  653,  110  Pac.  755. 
Texas  Co.  v.  Henry,  126  Pac.  224. 


104  Original  Creek  Treaty. 

.    United  States  v.  Shock,  187  Fed.  862. 
United  States  v.  Ft.  Smith  &  W.  R.  Co.,   195  Fed.  211. 
Hawkins  v.  Okla.  Oil  Co.,  195  Fed.  345. 

Excessive  Holdings — Disposition  of  Improvements. 

5.  If  any  citizen  have  in  his  possession,  in  actual  cultiva- 
tion, lands  in  excess  of  what  he  and  his  wife  and  minor  chil- 
dren are  entitled  to  take,  he  shall,  within  ninety  days  after 
the  ratification  of  this  agreement,  select  therefrom  allotments 
for  himself  and  family  aforesaid,  and  if  he  have  lawful  im- 
provements upon  such  excess  he  may  dispose  of  the  same  to 
any  other  citizen,  who  may  thereupon  select  lands  so  as  to  in- 
clude such  improvements ;  but,  after  the  expiration  of  ninety 
days  from  the  ratification  of  this  agreement,  any  citizen  may 
take  any  lands  not  already  selected  by  another ;  but  if  lands  so 
taken  be  in  actual  cultivation,  having  thereon  improvements 
belonging  to  another  citizen,  such  improvements  shall  be  val- 
ued by  the  appraisement  committee,  and  the  amount  paid  to 
the  owner  thereof  by  the  allottee,  and  the  same  shall  be  a  lien 
upon  the  rents  and  profits  of  the  land  until  paid:  Provided, 
That  the  owner  of  improvements  may  remove  the  same  if  he 
desires. 

United  States  v.  Ft.  Smith  &  W.  R.  Co.,  195  Fed.  211. 
Hawkins  v.  Okla.  Oil  Co.,  195  Fed.  345. 

Allotments  Previously  Made  Confirmed. 

6.  All  allotments  made  to  Creek  citizens  by  said  Commis- 
sion prior  to  the  ratification  of  this  agreement,  as  to  which 
there  is  no  contest,  and  which  do  not  include  public  property, 
and  are  not  herein  otherwise  affected,  are  confirmed,  and  the 
same  shall,  as  to  appraisement  and  all  things  else,  be  governed 
by  the  provisions  of  this  agreement ;  and  said  Commission  shall 
continue  the  work  of  allotment  of  Creek  lands  to  citizens  of  the 
tribe  as  heretofore,  conforming  to  provisions  herein  ;  and  all 
controversies  arising  between  citizens  as  to  their  right  to  select 
certain  tracts  of  land  shall  be  determined  bv  said  Commission. 


Original  Creek  Treaty.  105 

De  Graffenreid  v.  Iowa  Land  &  Trust  Co.,  20  Okla.  087,  95  Pac.  024. 

Garrett  v.  Walcott,  25  Okla.  574,  100  Pac.  848. 

Sanders  v.  Sanders,  28  Okla.  59. 

Barnett  v.  Way,  29  Okla.  780,  119  Pac.  418. 

Groom  v.  Wright,  30  Okla.  052,  121  Pac.  215. 

Divine  v.  Harmon,  30  Okla.  820,  121  Pac.  219. 

Shellenbarger  v.  Fewel,  —  Okla.  ,  124  Pac.  017. 

Parkinson  v.  Skelton,  33  Okla.  813,  128  Pac.  131. 
Armstrong  v.  Wood,   195  Fed.  137. 

Allotments  Inalienable  and  Non  Taxable — Descent  of  Homesteads. 

7.  Lands  allotted  to  citizens  hereunder  shall  not  in  any 
manner  whatsoever,  or  at  any  time,  be  incumbered,  taken,  or 
sold  to  secure  or  satisfy  any  debt  or  obligation  contracted  or 
incurred  prior  to  the  date  of  the  deed  to  the  allottee  therefor, 
and  such  lands  shall  not  be  alienable  by  the  allottee  or  his 
heirs  at  any  time  before  the  expiration  of  five  years  from  the 
ratification  of  this  agreement,  except  with  the  approval  of  the 
Secretary  of  the  Interior. 

Each  citizen  shall  select  from  his  allotment  forty  acres  of 
land  as  a  homestead,  which  shall  be  non-taxable  and  inalien- 
able and  free  from  any  incumbrance  whatever  for  twenty- 
one  years,  for  which  he  shall  have  a  separate  deed,  conditioned 
as  above :  Provided,  That  selections  of  homesteads  for  minors, 
prisoners,  convicts,  incompetents,  and  aged  and  infirm  persons, 
who  can  not  select  for  themselves,  may  be  made  in  the  manner 
herein  provided  for  the  selection  of  their  allotments;  and  if, 
for  any  reason,  such  selection  be  not  made  for  any  citizen,  it 
shall  be  the  duty  of  said  Commission  to  make  selection  for 
him. 

The  homestead  of  each  citizen  shall  remain,  after  the  death 
of  the  allottee,  for  the  use  and  support  of  children  born  to 
him  after  the  ratification  of  this  agreement,  but  if  he  have  no 
such  issue,  then  he  may  dispose  of  his  homestead  by  will,  free 
from  limitation  herein  imposed,  and  if  this  be  not  done,  the 
land  shall  descend  to  his  heirs,  according  to  the  laws  of  descent 
and  distribution  of  the  Creek  Nation,  free  from  such  limita- 
tion. 


io6  Original  Creek  Treaty. 

Harris  v.  Hardridge,  7  I.  T.  532,  104  S.  W.  826. 

DeGraffenreid  v.  Iowa  Land  &  Trust  Co.,  20  Okla.  687,  95  Pac.  624. 

Eldred  v.  Okmulgee  Loan  &  Trust  Co.,  22  Okla.  742,  98  Pac.  929. 

Tate  v.  Gaines,  25  Okla.   141,  105  Pac.   193. 

Bruner  v.   Sanders,  20   Okla.   073,   110  Pac.   730. 

Lamb  v.  Baker,  27  Okla.  739,  117  Pac.  189. 

Sanders  v.  Sanders,  28  Okla.  59. 

Barnes  v.  Stonebreaker,  28  Okla.  75,   113  Pac.  903. 

Skelton  v.  Dill,  30  Okla.  278,  119  Pac.  267. 

Groom  v.  Wright,  30  Okla.  652,  121  Pac.  215. 

Divine  v.  Harmon,  30  Okla.  820,  121  Pac.  219. 

Jefferson  v.  Winkler,  26  Okla,  653,  110  Pac.  755. 

Cliecote  v.  Hardridge,  —  Okla.  .  123  Pac.  846. 

Sbellenbarger  v.   Fewel,  —  Okla.  ,   124   Pac.   617. 

Reynolds  v.  Fewel,  —  Okla.  ,   124  Pac.  623. 

Parkinson  v.  Skelton,   33  Okla.   813,   128  Pac.   131. 

Harris  v.  Hardridge,   104  S.  W.  826,   166  Fed.  109. 

United  States  v.  Ft.  Smith  &  W.  R.  Co.,  195  Fed.  211. 

Hawkins  v.  Okla.  Oil  Co.,  195  Fed.  345. 

Reed  v.  Welty,  197  Fed.  419. 

The  30,000  Land  Suits,  199  Fed.  811. 

Tiger  v.  Western  Investment  Co..  221  U.  S.  2S6,  55  L.  Ed.  738. 

Coachman  v.  Sims,  129  Pac.  845. 

Allottees  to  Have  Possession  of  Allotments. 

8.  The  Secretary  of  the  Interior  shall,  through  the  United 
States  Indian  agent  in  said  Territory,  immediately  after  the 
ratification  of  this  agreement,  put  each  citizen  who  has  made 
selection  of  his  allotment  in  unrestricted  possession  of  his 
land  and  remove  therefrom  all  persons  objectionable  to  him  ; 
and  when  any  citizen  shall  thereafter  make  selection  of  his 
allotment  as  herein  provided,  and  receive  certificate  therefor, 
he  shall  be  immediately  thereupon  so  placed  in  possession  of 
his  land. 

DeGraffenreid  v.  Iowa  Land  &  Trust  Co..  20  Okla.  687,  95  Pac,  624. 
Hawkins  v.  Okla.  Oil  Co.,  195  Fed.  345. 

Equalization  of  Allotments. 

9.  When  allotment  of  one  hundred  and  sixty  acres  has 
been  made  to  each  citizen,  the  residue  of  lands,   not  herein 


Original  Creek  Treaty.  1 07 

reserved  or  otherwise  disposed  of,  and  all  the  funds  arising 
under  this  agreement  shall  be  used  for  the  purpose  of  equaliz- 
ing allotments,  and  if  the  same  be  insufficient  therefor  the  de- 
ficiency shall  be  supplied  out  of  any  other  funds  of  the  tribe, 
so  that  the  allotments  of  all  citizens  may  be  made  equal  in 
value,  as  nearly  as  may  be,  in  manner  herein  provided. 

TOWN    SITES. 

Townsites — Surveys — Townsite  Commissions. 

10.  All  towns  in  the  Creek  Nation  having  a  present  popula- 
tion of  two  hundred  or  more  shall,  and  all  others  may,  be  sur- 
veyed, laid  out,  and  appraised  under  the  provisions  of  an  act 
of  Congress  entitled  "An  act  making  appropriations  for  the 
current  and  contingent  expenses  of  the  Indian  Department  and 
for  fulfilling  treaty  stipulations  with  various  Indian  tribes  for 
the  fiscal  year  ending  June  thirtieth,  nineteen  hundred  and 
one,  and  for  other  purposes,"  approved  May  thirty-first,  nine- 
teen hundred,  which  said  provisions  are  as  follows : 

"That  the  Secretary  of  the  Interior  is  hereby  author- 
ized, under  rules  and  regulations  to  be  prescribed  by  him, 
to  survey,  lay  out,  and  plat  into  town  lots,  streets,  alleys 
and  parks  the  sites  of  such  towns  and  villages  in  the  Choc- 
taw, Chickasaw,  Creek,  and  Cherokee  nations,  as  may  at 
that  time  have  a  population  of  two  hundred  or  more,  in 
such  manner  as  will  best  subserve  the  then  present  needs 
and  the  reasonable  prospective  growth  of  such  towns.  The 
work  of  surveying,  laying  out,  and  platting  such  town  sites 
shall  be  done  by  competent  surveyors,  who  shall  prepare 
five  copies  of  the  plat  of  each  town  site,  which,  when  the 
survey  is  approved  by  the  Secretary  of  the  Interior,  shall 
be  filed  as  follows :  One  in  the  office  of  the  Commissioner 
of  Indian  Affairs,  one  with  the  principal  chief  of  the  na- 
tion, one  with  the  Clerk  of  the  court  within  the  territo- 
rial jurisdiction  of  which  the  town  is  located,  one  with 
the  Commission  to  the  Five  Civilized  Tribes,  and  one  with 


108  Original  Creek  Treaty. 

the  town  authorities,  if  there  be  such.  Where  in  his  judg- 
ment the  best  interests  of  the  public  service  require,  the 
Secretary  of  the  Interior  may  secure  the  surveying,  laying 
out,  and  platting  of  town  sites  in  any  of  said  nations  by 
contract. 

"Hereafter  the  work  of  the  respective  town-site  com- 
missions provided  for  in  the  agreement  with  the  Choctaw 
and  Chickasaw  tribes  ratified  in  section  twenty-nine  of 
the  act  of  June  twenty-eighth,  eighteen  hundred  and  nine- 
ty-eight, entitled  'An  act  for  the  protection  of  the  people 
of  the  Indian  Territory,  and  for  other  purposes,'  shall  be- 
gin as  to  any  town  site  immediately  upon  the  approval  of 
the  survey  by  the  Secretary  of  the  Interior,  and  not  before. 

"The  Secretary  of  the  Interior  may,  in  his  discretion, 
appoint  a  town-site  commission  consisting  of  three  mem- 
bers for  each  of  the  Creek  and  Cherokee  nations,  at  least 
one  of  whom  shall  be  a  citizen  of  the  tribe  and  shall  be 
appointed  upon  the  nomination  of  the  principal  chief  of 
the  tribe.  Each  commission,  under  the  supervision  of 
the  Secretary  of  the  Interior,  shall  appraise  and  sell  for 
the  benefit  of  the  tribe  the  town  lots  in  the  nation  for 
which  it  is  appointed,  acting  in  conformity  with  the  pro- 
visions of  any  then  existing  act  of  Congress  or  agreement 
with  the  tribe  approved  by  Congress.  The  agreement  of 
any  two  members  of  the  commission  as  to  the  true  value 
of  any  lot  shall,  constitute  a  determination  thereof,  sub- 
ject to  the  approval  of  the  Secretary  of  the  Interior,  and 
if  no  two  members  are  able  to  agree  the  matter  shall  be 
determined  by  such  Secretary. 

"Where  in  his  judgment  the  public  interests  will  be 
thereby  subserved,  the  Secretary  of  the  Interior  may  ap- 
point in  the  Choctaw,  Chickasaw,  Creek,  or  Cherokee  Na- 
tion a  separate  town-site  commission  for  any  town,  in 
which  event  as  to  that  town  such  local  commission  may 
exercise  the  same  authority  and  perform  the  same  duties 
which  would  otherwise  devolve  upon  the  commission  for 


Original  Creek  Treaty.  109 

that  nation.  Every  such  local  commission  shall  be  ap- 
pointed in  the  manner  provided  in  the  act  approved  June 
twenty-eighth,  eighteen  hundred  and  ninety-eight,  entitled 
'An  act  for  the  protection  of  the  people  of  the  Indian 
Territory.' 

"The  Secretary  of  the  Interior,  where  in  his  judgment 
the  public  interests  will  be  thereby  subserved,  may  per- 
mit the  authorities  of  any  town  in  any  of  said  nations,  at 
the  expense  of  the  town,  to  survey,  lay  out,  and  plat  the 
site  thereof,  subject  to  his  supervision  and  approval,  as  in 
other  instances. 

"As  soon  as  the  plat  of  any  town  site  is  approved,  the 
proper  commission  shall,  with  all  reasonable  dispatch  and 
within  a  limited  time,  to  be  prescribed  by  the  Secretary 
of  the  Interior,  proceed  to  make  the  appraisement  of  the 
lots  and  improvements,  if  any,  thereon,  and  after  the  ap- 
proval thereof  by  the  Secretary  of  the  Interior,  shall,  un- 
der the  supervision  of  such  Secretary,  proceed  to  the  dis- 
position and  sale  of  the  lots  in  conformity  with  any  then 
existing  act  of  Congress  or  agreement  with  the  tribe  ap- 
proved by  Congress,  and  if  the  proper  commission  shall 
not  complete  such  appraisement  and  sale  within  the  time 
limited  by  the  Secretary  of  the  Interior,  they -shall  receive 
no  pay  for  such  additional  time  as  may  be  taken  by  them, 
unless  the  Secretary  of  the  Interior  for  good  cause  shown 
shall  expressly  direct  otherwise. 

"The  Secretary  of  the  Interior  may,  for  good  cause, 
remove  any  member  of  any  town-site  commission,  tribal 
or  local,  in  any  of  said  nations,  and  may  fill  the  vacancy 
thereby  made  or  any  vacancy  otherwise  occurring  in  like 
manner  as  the  place  was  originally  filled. 

"It  shall  not  be  required  that  the  town-site  limits  es- 
tablished in  the  course  of  the  platting  and  disposing  of 
town  lots  and  the  corporate  limits  of  the  town,  if  incor- 
porated, shall  be  identical  or  coextensive,  but  such  town- 
site  limits  and  corporate  limits  shall  be  so  established  as 


no  Original  Creek  Treaty. 

to  best  subserve  the  then  present  needs  and  the  reason- 
able prospective  growth  of  the  town,  as  the  same  shall 
appear  at  the  times  when  such  limits  are  respectively  es- 
tablished :  Provided  further,  That  the  exterior  limits  of 
all  town  sites  shall  be  designated  and  fixed  at  the  earliest 
practicable  time  under  rules  and  regulations  prescribed  by 
the  Secretary  of  the  Interior. 

"Upon  the  recommendation  of  the  Commission  to  the 
Five  Civilized  Tribes  the  Secretary  of  the  Interior  is  here- 
by authorized  at  any  time  before  allotment  to  set  aside 
and  reserve  from  allotment  any  lands  in  the  Choctaw, 
Chickasaw,  Creek,  or  Cherokee  nations,  not  exceeding 
one  hundred  and  sixty  acres  in  any  one  tract,  at  such  sta- 
tions as  are  or  shall  be  established  in  conformity  with 
law  on  the  line  of  any  railroad  which  shall  be  constructed 
or  be  in  process  of  construction  in  or  through  either  of  said 
nations  prior  to  the  allotment  of  the  lands  therein,  and 
this  irrespective  of  the  population  of  such  town  site  at 
the  time.  Such  town  sites  shall  be  surveyed,  laid  out,  and 
platted,  and  the  lands  therein  disposed  of  for  the  benefit 
of  the  tribe  in  the  manner  herein  prescribed  for  other 
town  sites :  Provided  further.  That  whenever  any  tract 
of  land  shall  be  set  aside  as  herein  provided  which  is  oc- 
cupied by  a  member  of  the  tribe,  such  occupant  shall  be 
fully  compensated  for  his  improvements  thereon  under 
such  rules  and  regulations  as  may  be  prescribed  by  the 
Secretary  of  the  Interior :  Provided,  That  hereafter  the 
Secretarv  of  the  Interior  may,  whenever  the  chief  exec- 
utive or  principal  chief  of  said  nation  fails  or  refuses  to 
appoint  a  town-site  commissioner  for  any  town  or  to  fill 
any  vacancy  caused  by  the  neglect  or  refusal  of  the  town- 
site  commissioner  appointed  by  the  chief  executive  or 
principal  chief  of  said  nation  to  qualify  or  act,  in  his  dis- 
cretion, appoint  a  commissioner  to  fill  the  vacancy  thus 
created." 


Original  Creek  Treaty.  hi 

Capital  Townsite  Co.  v.  Fox.  6  I.  T.  223,  90  S.  W.  G14. 

Eldred  v.  Okmulgee  Loan  &  Trust  Co.,  22  Okla.   742,  98  Pac.  929. 

Sharp  v.  Lancaster,  23  Okla.  349,  100  Pac.  578. 

Ros,s  v.  Stewart,  25  Okla.  611.   106  Pac.  870. 

Fawcett  v.  Hill,  29  Okla.  461,  118  Pac.  132. 

Cochran  v.  Hocker,   124   Pac.  953. 

Buster  v.  Wright,  135  Fed.  947. 

Stanclift  v.  Fox,  90  S.  W.  614,  152  Fed.  697. 

Townsites — Rights  of  Occupants  of  Town-Lots. 

11.  Any  person  in  rightful  possession  of  any  town  lot  hav- 
ing improvements  thereon,  other  than  temporary  buildings, 
fencing,  and  tillage,  shall  have  the  right  to  purchase  such  lot 
by  paying  one-half  of  the  appraised  value  thereof,  but  if  he 
shall  fail  within  sixty  days  to  purchase  such  lot  and  make  the 
first  payment  thereon,  ps  herein  provided,  the  lot  and  improve- 
ments shall  be  sold  at  public  auction  to  the  highest  bidder, 
under  direction  of  the  appraisement  commission,  at  a  price 
not  less  than  their  appraised  value,  and  the  purchaser  shall  pay 
the  purchase  price  to  the  owner  of  the  improvements,  less  the 
appraised  value  of  the  lot. 

Brennan  v.  Shanks,  24  Okla.  563,  103  Pac.  705. 
Leak  v.  Joslin,  20  Okla.  200,  94  Pac.  518. 
Fawcett  v.  Hill,  29  Okla.  461,  118  Pac.   132. 
Kelman  v.  Kennedy,  31  Okla.  61,  119  Pac.  1000. 

Townsites — Right  of  Occupant. 

12.  Any  person  having  the  right  of  occupancy  of  a  resi- 
dence or  business  lot,  or  both,  in  any  town,  whether  improved 
or  not,  and  owning  no  other  lot  or  land  therein,  shall  have  the 
right  to  purchase  such  lot  by  paying  one-half  of  the  appraised 
value  thereof. 

Fawcett  v.  Hill.  29  Okla.  461,  US  Pac.  132. 

Buster  v.  Wright,  135  Fed.  947. 

U.  S.  v.  Rea-Reed  Mill  &  Elevator  Co.,   171   Fed.  501. 

Townsites — Right  of  Occupant. 

13.  Anv  person  holding  lands  within  a  town  occupied  by 
him  as  a  home,  also  any  person  who  had  at  the  time  of  sign- 


ii2  Original  Creek  Treaty. 

ing  this  agreement  purchased  any  lot,  tract,  or  parcel  of  land 
from  any  person  in  legal  possession  at  the  time,  shall  have  the 
right  to  purchase  the  lot  embraced  in  same  by  paying  one-half 
of  the  appraised  value  thereof,  not,  however,  exceeding  four 
acres. 

Fawcett  v.  Hill,  29  Okla.  461,  118  Pac.  132. 
Kelman  v.  Kennedy,  31  Okla.  61,  119  Pac.   1000. 

Townsites — Sale  of  Unimproved  Lots. 

14.  All  town  lots  not  having  thereon  improvements,  other 
than  temporary 'buildings,  fencing,  and  tillage,  the  sale  or  dis- 
position of  which  is  not  herein  otherwise  specifically  provided 
for,  shall  be  sold  within  twelve  months  after  their  appraise- 
ment, under  direction  of  the  Secretary  of  the  Interior,  after 
due  advertisement,  at  public  auction  to  the  highest  bidder  at 
not  less  than  their  appraised  value. 

Any  person  having  the  right  occupancy  of  lands  in  any  town 
which  has  been  or  may  be  laid  out  into  town  lots,  to  be  sold 
at  public  auction  as  above,  shall  have  the  right  to  purchase 
one-fourth  of  all  the  lots  into  which  such  lands  may  have  been 
divided  at  two-thirds  of  their  appraised  value. 

Townsites — Appraisement  and  Sale  of  Lots. 

15.  When  the  appraisement  of  any  town  lot  is  made,  upon 
which  any  person  has  improvements  as  aforesaid,  said  ap- 
praisement commission  shall  notify  him  of  the  amount  of  said 
appraisement,  and  he  shall,  within  sixty  days  thereafter,  make 
payment  of  ten  per  centum  of  the  amount  due  for  the  lot,  as 
herein  provided,  and  four  months  thereafter  he  shall  pay  fif- 
teen per  centum  additional  and  the  remainder  of  the  purchase 
money  in  three  equal  annual  installments,  without  interest. 

Anv  person  who  may  purchase  an  unimproved  lot  shall  pro- 
ceed to  make  payment  for  same  in  such  time  and  manner  as 
herein  provided  for  the  payment  of  sums  due  on  improved  lots, 
and  if  in  any  case  any  amount  be  not  paid  when  clue,  it  shall 
thereafter  bear  interest  at  the  rate  of  ten  per  centum  per  an- 


Original  Creek  Treaty.  113 

num  until  paid.     The  purchaser  may  in  any  case  at  any  time 
make  full  payment  for  any  town  lot. 

Kelman  v.  Kennedy,  31  Okla.  61,  119  Pac.  1000. 

U.  S.  v.  Rea-Reed  Mill  &  Elevator  Co.,  171  Fed.  501. 

Townsites — Lots  Exempt  from  Forced  Sale. 

16.  All  town  lots  purchased  by  citizens  in  accordance  with 
the  provisions  of  this  agreement  shall  be   free   from   incum- 
brance by  any  debt  contracted  prior  to  date  of  his  deed  there 
for,  except  for  improvements  thereon. 

Buster  v.  Wright,   135  Fed.  947. 

Townsites — Lots  Exempt  from  Taxation. 

17.  No  taxes  shall  be  assessed  by  any  town  government 
against  any  town  lot  remaining  unsold,  but  taxes  may  be  as- 
sessed against  any  town  lot  sold  as  herein  provided,  and  the 
same  shall  constitute  a  lien  upon  the  interest  of  the  purchaser 
therein  after  any  payment  thereon  has  been  made  by  him,  and 
if  forfeiture  of  any  lot  be  made  all  taxes  assessed  against  such 
lot  shall  be  paid  out  of  any  money  paid  thereon  by  the  pur- 
chaser. 

Eldred  v.  Okmulgee  Loan  &  Trust  Co.,  22  Okla.  742,  98  Pac.  929. 

Cemeteries. 

18.  The  surveyors  may  select  and  locate  a  cemetery  within 
suitable  distance  from  each  town,  to  embrace  such  number 
of  acres  as  may  be  deemed  necessary  for  such  purpose, '  and 
the  appraisement  commission  shall  appraise  the  same  at  not 
less  than  twenty  dollars  per  acre,  and  the  town  may  purchase 
the  land  by  paying  the  appraised  value  thereof;  and  if  any 
citizen  have  improvements  thereon,  other  than  fencing  and  till- 
age, they  shall  be  appraised  by  said  commission  and  paid  for 
by  the  town.  The  town  authorities  shall  dispose  of  the  lots 
in  such  cemetery  at  reasonable  prices,  in  suitable  sizes  for 
burial  purposes,  and  the  proceeds  thereof  shall  be  applied  to 
the  general  improvement  of  the  property. 

VCT8 


ii4  Original  Creek  Treaty. 

Public  Buildings — Purchase  of  Land  for. 

19.  The  United  States  may  purchase,  in  any  town  in  the 
Creek  Nation,  suitable  land  for  court-houses,  jails,  and  other 
necessary  public  buildings  for  its  use,  by  paying  the  appraised 
value  thereof,  the  same  to  be  selected  under  the  direction  of 
the  department  for  whose  use  such  buildings  are  to  be  erected ; 
and  if  any  person  have  improvements  thereon,  other  than  tem- 
porary buildings,  fencing,  and  tillage,  the  same  shall  be  ap- 
praised and  paid  for  by  the  United  States. 

Schools  May  Purchase  Land  Occupied  by  Them. 

20.  Henry  Kendall  College,  Nazareth  Institute,  and  Spauld- 
ing  Institute,  in  Muskogee,  may  purchase  the  parcels  of  land 
occupied  by  them,  or  which  may  have  been  laid  out  for  their 
use  and  so  designated  upon  the  plat  of  said  town,  at  one-half 
of  their  appraised  value,  upon  conditions  herein  provided ;  and 
all  other  schools  and  institutions  of  learning  located  in  incor- 
porated towns  in  the  Creek  Nation  may,  in  like  manner,  pur- 
chase the  lots  or  parcels  of  land  occupied  by  them. 

Churches — Conveyance  of  Lots  to. 

21.  All  town  lots  or  parts  of  lots,  not  exceeding  fifty  by 
one  hundred  and  fifty  feet  in  size,  upon  which  church  houses 
and  parsonages  have  been  erected,  and  which  are  occupied  as 
such  at  the  time  of  appraisement,  shall  be  properly  conveyed 
to  the  churches  to  which  such  improvements  belong  gratui- 
tously, and  if  such  churches  have  other  adjoining  lots  inclosed, 
actually  necessary  for  their  use,  they  may  purchase  the  same 
by  paying  one-half  the  appraised  value  thereof. 

Survey  of  Particular  Towns. 

22.  The  towns  of  Clarksville,  Coweta,  Gibson  Station,  and 
Mounds  may  be  surveyed  and  laid  out  in  town  lots  and  neces- 
sary streets  and  alleys  and  platted  as  other  towns,  each  to  em- 
brace such  amount  of  land  as  may  be  deemed  necessary,  not 
exceeding  one  hundred  and  sixty  acres  for  either,  and  in  man- 
ner not  to  include  or  interfere  with  the  allotment  of  any  cit- 


Original  Creek  Treaty.  115 

izen  selected  prior  to  the  date  of  this  agreement,  which  survey 
may  be  made  in  manner  provided  for  other  towns ;  and  the 
appraisement  of  the  town  lots  of  said  towns  may  be  made  by 
any  committee  appointed  for  either  of  the  other  towns  herein- 
before named,  and  the  lots  in  said  towns  may  be  disposed  of 
in  like  manner  and  on  the  same  conditions  and  terms  as  those 
of  other  towns.  All  of  such  work  may  be  done  under  the  direc- 
tion of  and  subject  to  the  approval  of  the  Secretary  of  the 
Interior. 

TITLES. 

Deeds  for  Allotments — Execution — Approval — Acceptance. 

23.  Immediately  after  the  ratification  of  this  agreement  by 
Congress  and  the  tribe,  the  Secretary  of  the  Interior  shall  fur- 
nish the  principal  chief  with  blank  deeds  necessary  for  all 
conveyances  herein  provided  for,  and  the  principal  chief  shall 
thereupon  proceed  to  execute  in  due  form  and  deliver  to  each 
citizen  who  has  selected  or  may  hereafter  select  his  allotment, 
which  is  not  contested,  a  deed  conveying  to  him  all  right,  title, 
and  interest  of  the  Creek  Nation  and  of  all  other  citizens  in 
and  to  the  lands  embraced  in  his  allotment  certificate,  and 
such  other  lands  as  may  have  been  selected  by  him  for  equali- 
zation of  his  allotment. 

The  principal  chief  shall,  in  like  manner  and  with  like  effect, 
execute  and  deliver  to  proper  parties  deeds  of  conveyance  in 
all  other  cases  herein  provided  for.  All  lands  or  town  lots  to 
be  conveyed  to  any  one  person  shall,  so  far  as  practicable,  be 
included  in  one  deed,  and  all  deeds  shall  be  executed  free  of 
charge. 

All  conveyances  shall  be  approved  by  the  Secretary  of  the 
Interior,  which  shall  serve  as  a  relinquishment  to  the  grantee 
of  all  the  right,  title,  and  interest  of  the  United  States  in  and 
to  the  lands  embraced  in  his  deed. 

Anv  allottee  accepting  such  deed  shall  be  deemed  to  assent 
to  the  allotment  and  conveyance  of  all  the  lands  of  the  tribe,  as 
provided  herein,  and  as  a  relinquishment  of  all  his  right,  title, 


n6  Original  Creek  Treaty. 

and  interest  in  and  to  the  same,  except  in  the  proceeds  of  lands 
reserved  from  allotment. 

The  acceptance  of  deeds  of  minors  and  incompetents,  by 
persons  authorized  to  select  their  allotments  for  them,  shall  be 
deemed  sufficient  to  bind  such  minors  and  incompetents  to  al- 
lotment and  conveyance  of  all  other  lands  of  the  tribe,  as  pro- 
vided herein. 

The  transfer  of  the  title  of  the  Creek  tribe  to  individual  al- 
lottees and  to  other  persons,  as  provided  in  this  agreement, 
shall  not  inure  to  the  benefit  of  any  railroad  company,  nor  vest 
in  any  railroad  company  any  right,  title,  or  interest  in  or  to 
any  of  the  lands  in  the  Creek  Nation. 

All  deeds  when  so  executed  and  approved  shall  be  filed  in 
the  office  of  the  Dawes  Commission,  and  there  recorded  with- 
out expense  to  the  grantee,  and  such  records  shall  have  like 
effect  as  other  public  records. 

Barnett  v.  Way,  29  Okla.  780,   119  Pac.  418. 

DeGraffenreid  v.   Iowa   Land   &   Trust   Co.,   20   Okla.    687,   95   Pac. 

624. 
Western   Investment  Co.  v.  Tiger,  21   Okla.   630,  96  Pac.  602. 
McWilliams  Inv.  Co.  v.  Livingston,  22  Okla.  884,  98  Pac.  914. 
Hawkins  v.  Okla.  Oil  Co.,   195  Fed.  345. 

RESERVATIONS. 

Reservations  from  Allotment. 

24.  The  following  lands  shall  be  reserved  from  the  gen- 
eral allotment  herein  provided  for: 

(a)  All  lands  herein  set  apart  for  town  sites. 

(b)  All  lands  to  which,  at  the  date  of  the  ratification  of 
this  agreement,  any  railroad  company  may,  under  any  treaty 
or  act  of  Congress,  have  a  vested  right  for  right  of  way,  depots, 
station  grounds,  water  stations,  stock  yards  or  similar  uses 
connected  with  the  maintenance  and  operation  of  the  rail- 
road. 

(c)  Forty  acres  for  the  Eufaula  High  School. 

(d)  Forty  acres  for  the  Wealaka  School. 


Original  Creek  Treaty.  i  i  7 

(e)  Forty  acres  for  the  Newyaka  -Boarding  School. 

(f)  Forty  acres  for  the  Wetumka  Boarding  School. 

(g)  Forty  acres  for  the  Euchee  Boarding  School. 
(h)  Forty  acres  for  the  Coweta  Boarding  School, 
(i)  Forty  acres  for  the  Creek  Orphan  Home. 

(j)  Forty  acres  for  the  Tallahassee  Colored  Boarding 
School. 

(k)  Forty  acres  for  the  Pecan  Creek  Colored  Boarding 
School. 

(i)      Forty  acres  for  colored  Creek  Orphan  Home. 

(m)  All  lands  selected  for  town  cemeteries,  as  herein  pro- 
vided. 

(n)  All  lands  occupied  by  the  University  established  by 
the  American  Baptist  Home  Mission  Society,  and  located  near 
the  town  of  Muskogee,  to  the  amount  of  forty  acres,  which 
shall  be  appraised,  excluding  improvements  thereon,  and  said 
university  shall  have  the  right  to  purchase  the  same  by  paying 
one-half  the  appraised  value  thereof,  on  terms  and  conditions 
herein  provided.  All  improvements  made  by  said  university 
on  lands  in  excess  of  said  forty  acres  shall  be  appraised  and 
the  value  thereof  paid  to  it  by  the  person  to  whom  such  lands 
may  be  allotted. 

(o)  One  acre  each  for  the  six  established  Creek  court- 
houses, with  the  improvements  thereon. 

(p)  One  acre  each  for  all  churches  and  schools  outside 
of  towns  now  regularly  used  as  such. 

All  reservations  under  the  provisions  of  this  agreement  ex- 
cept as  otherwise  provided  herein,  when  not  needed  for  the 
purposes  for  which  they  are  at  present  used,  shall  be  sold  at 
public  auction  to  the  highest  bidder,  to  citizens  only,  under 
directions  of  the  Secretary  of  the  Interior. 

Garrett  v.  American  Baptist  Home  Mission  Society,  29  Okla.  272, 

116  Pac.  921. 
United  States  v.  Ft.  Smith  &  W.  R.  Co.,  195  Fed.  211. 


n8  Original  Creek  Treaty. 


MUNICIPAL    CORPORATIONS. 


Municipalities — Power  to  Issue  Bonds. 

25.  Authority  is  hereby  conferred  upon  municipal  corpo- 
rations in  the  Creek  Nation,  with  the  approval  of  the  Secre- 
tary of  the  Interior,  to  issue  bonds  and  borrow  money  thereon 
for  sanitary  purposes,  and  for  the  construction  of  sewers,  light- 
ing plants,  waterworks,  and  school  houses,  subject  to  all  the 
provisions  of  laws  of  the  United  States  in  force  in  the  organ- 
ized Territories  of  the  United  States  in  reference  to  municipal 
indebtedness  and  issuance  of  bonds  for  public  purposes ;  and 
said  provisions  of  law  are  hereby  put  in  force  in  said  nation 
and  made  applicable  to  the  cities  and  towns  therein  the  same 
as  if  specially  enacted  in  reference  thereto. 

CLAIMS. 

Claims  to  be  Submitted  to  United  States  Senate. 

26.  All  claims  of  whatsoever  nature,  including  the  "Loyal 
Creek  Claim"  under  article  four  of  the  treaty  of  eighteen 
hundred  and  sixty-six,  and  the  "Self-emigration  claim"  under 
article  twelve  of  the  treaty  of  eighteen  hundred  and  thirty-two, 
which  the  tribe  or  any  individual  thereof  may  have  against 
the  United  States,  or  any  other  claim  arising  under  the  treaty 
of  eighteen  hundred  and  sixty-six,  or  any  claim  which  the 
United  States  may  have  against  said  tribe,  shall  be  submitted 
to  the  Senate  of  the  United  States  for  determination ;  and 
within  two  years  from  the  ratification  of  this  agreement  the 
Senate  shall  make  final  determination  thereof ;  and  in  the 
event  that  any  sums  are  awarded  the  said  tribe,  or  any  citizen 
thereof,  provisions  shall  be  made  for  immediate  payment  of 
same. 

Of  those  claims  the  "Loyal  Creek  claim,"  for  what  they 
suffered  because  of  their  loyalty  to  the  United  States  Gov- 
ernment during  the  civil  war,  long  delayed,  is  so  urgent  in  its 
character  that  the  parties  to  this  agreement  express  the  hope 
that  it  may  receive  consideration  and  be  determined  at  the 
earliest  practicable  moment. 


Original  Creek  Treaty.  119 

Any  other  claim  which  the  Creek  Nation  may  have  against 
the  United  States  may  be  prosecuted  in  the  Court  of  Claims 
of  the  United  States,  with  right  of  appeal  to  the  Supreme 
Court;  and  jurisdiction  to  try  and  determine  such  claim  is 
hereby  conferred  upon  said  courts. 

FUNDS    OF   THE   TRIBE. 

Tribal  Funds. 

2j.  All  treaty  funds  of  the  tribe  shall  hereafter  be  capital- 
ized for  the  purpose  of  equalizing  allotments  and  for  other 
purposes  provided  in  this  agreement. 

Rolls  of  Citizenship — Additions  to  Rolls — Allotments  to  Heirs. 

28.  No  person,  except  as  herein  provided,  shall  be  added 
to  the  rolls  of  citizenship  of  said  tribe  after  the  date  of  this 
agreement,  and  no  person  whomsoever  shall  be  added  to  said 
rolls  after  the  ratification  of  this  agreement. 

All  citizens  who  were  living  on  the  first  day  of  April,  eigh- 
teen hundrd  and  ninety-nine,  entitled  to  be  enrolled  under  sec- 
tion twenty-one  of  the  act  of  Congress  approved  June  twenty- 
eighth,  eighteen  hundred  and  ninety-eight,  entitled  "An  act 
for  the  protection  of  the  people  of  the  Indian  Territory,  and 
for  other  purposes,"  shall  be  placed  upon  the  rolls  to  be  made 
by  said  Commission  under  said  act  of  Congress,  and  if  any 
such  citizen  has  died  since  that  time,  or  may  hereafter  die, 
before  receiving  his  allotment  of  lands  and  distributive  share 
of  all  the  funds  of  the  tribe,  the  lands  and  money  to  which 
he  would  be  entitled,  if  living,  shall  descend  to  his  heirs  ac- 
cording to  the  laws  of  descent  and  distribution  of  the  Creek 
Nation,  and  be  allotted  and  distributed  to  them  accordingly. 

All  children  born  to  citizens  so  entitled  to  enrollment,  up 
to  and  including  the  first  clay  of  July,  nineteen  hundred,  and 
then  living,  shall  be  placed  on  the  rolls  made  by  said  Commis- 
sion;  and  if  any  such  child  die  after  said  date,  the  lands  and 
moneys  to  which  it  would  be  entitled,  if  living,  shall  descend  to 
its  heirs  according  to  the  laws  of  descent  and  distribution  of 


120  Original  Creek  Treaty. 

the  Creek  Nation,  and  be  allotted  and  distributed  to  them  ac- 
cordingly. 

The  rolls  so  made  by  said  Commission,  when  approved  by 
the  Secretary  of  the  Interior,  shall  be  the  final  rolls  of  citizen- 
ship of  said  tribe,  upon  which  the  allotment  of  all  lands  and 
the  distribution  of  all  moneys  and  other  property  of  the  tribe 
shall  be  made  and  to  no  other  persons. 

DeGraffenreid  v.  Iowa  Land  &  Trust  Co.,  20  Okla.  687,  93  Pac.  641. 
Irving  v.  Diamond,  23  Okla.  325,  100  Pac.  557. 
Bruner  v.  Sanders,  26  Okla.  673,  110  Pac.  730. 
Lamb  v.  Baker,  27  Okla.  739,  117  Pac.  189. 
Hooks  v.  Kennard,  28   Okla.  457,   114   Pac.   744. 
Barnett  v.  Way,  29  Okla.  780,   119  Pac.  418. 
Groom  v.  Wright,  30  Okla.  652,   121   Pac.  215. 
Scott  v.  Jacobs,  31  Okla.  109. 
Morley  v.  Fewel,  32  Okla.  452,  122  Pac.  700. 
Divine  v.  Harmon,  30  Okla.  820,  121  Pac.  219. 
Checote  v.  Hardridge,  123  Pac.  846. 
Brady  v.  Sizemore,  124  Pac.  615,  33  Okla.  169. 
Shellenbarger  v.  Fewel,  124  Pac.  617. 
Reynolds  v.  Fewel,   124  Pac.  623. 
Scott  v.  Jacobs,  126  Pac.  780. 
Bilby  v.  Brown,  126  Pac.  1024. 
Ground  v.  Dingman,  127  Pac.  1078,  33  Okla.  760. 
Parkinson  v.  Skelton,  128  Pac.  131,  33  Okla.  813. 
Rentie  v.  McCoy,  128  Pac.  244. 
Shulthis  v.  McDougal,  162  Fed.  331. 
Brann  v.  Bell,  192  Fed.  427. 
Armstrong  v.  Wood,  195  Fed.  137. 
Hawkins  v.  Okla.  Oil  Co.,  195  Fed.  345. 
United  States  v.  Jacobs,   195  Fed.  707. 
Reed  v.  Welty,  197  Fed.  419. 
Mullen  v.  U.  S.,  224  U.  S.  448,  56  L.  Ed.  834. 
Shulthis  v.  McDougal,  225  U.  S.  561,  56  L.  Ed.  1205. 
And  see 
U.  S.  v.  LaRoque,  198  Fed.  645. 

Rolls  of  Citizenship — Additional  Enrollments. 

29.  Said  Commission  shall  have  authority  to  enroll  as 
Creek  citizens  certain   full-blood  Creek  Indians  now  residing 


Original  Creek  Treaty.  121 

in  the  Cherokee  Nation,  and  also  certain  full-blood  Creek  In- 
dians now  residing  in  the  Creek  Nation  who  have  recently  re- 
moved there  from  the  State  of  Texas,  and  families  of  full- 
blood  Creeks  who  now  reside  in  Texas,  and  such  other  recog- 
nized citizens  found  on  the  Creek  rolls  as  might,  by  reason 
of  nonresidence,  be  excluded  from  enrollment  by  section  twen- 
ty-one of  said  act  of  Congress  approved  June  twenty-eight, 
eighteen  hundred  and  ninety-eight :  Provided,  That  such  non- 
residents shall,  in  good  faith,  remove  to  the  Creek  Nation 
before  said  Commission  shall  complete  the  rolls  of  Creek  cit- 
izens as  aforesaid. 

MISCELLANEOUS. 

Deferred  Payments — Lien  Reserved. 

30.  All  deferred  payments,  under  provisions  of  this  agree- 
ment, shall  constitute  a  lien  in  favor  of  the  tribe  on  the  prop- 
erty for  which  the  debt  was  contracted,  and  if  at  the  expiration 
of  two  years  from  the  date  of  payment  of  the  fifteen  per  cen- 
tum aforesaid,  default  in  any  annual  payment  has  been  made, 
the  lien  for  the  payment  of  all  purchase  money  remaining  un- 
paid may  be  enforced  in  the  United  States  court  within  the 
jurisdiction  of  which  the  town  is  located  in  the  same  manner 
as  vendor's  liens  are  enforced ;  such  suit  being  brought  in  the 
name  of  the  principal  chief,  for  the  benefit  of  the  tribe. 

Payments  to  Tribe — How  Made. 

31.  All  moneys  to  be  paid  to  the  tribe  under  any  of  the 
provisions  of  this  agreement  shall  be  paid,  under  the  direction 
of  the  Secretary  of  the  Interior,  into  the  Treasury  of  the 
United  States  to  the  credit  of  the  tribe,  and  an  itemized  re- 
port thereof  shall  be  made  monthly  to  the  Secretary  of  the  In- 
terior and  to  the  principal  chief. 

U.  S.  v.  Eea-Reed  Mill  &  Elevator  Co.,  171  Fed.  501. 

Tribal  Funds — How  Disbursed. 

32.  All  funds  of  the  tribe,  and  all  moneys  accruing  under 
the  provisions  of  this  agreement,  when  needed  for  the  purposes 


122  Original  Creek  Treaty. 

of  equalizing  allotments  or  for  any  other  purposes  herein  pre- 
scribed, shall  be  paid  out  under  the  direction  of  the  Secretary 
of  the  Interior;  and  when  required  for  per  capita  payments, 
if  any,  shall  be  paid  out  directly  to  each  individual  by  a  bonded 
officer  of  the  United  States,  under  direction  of  the  Secretary 
of  the  Interior,  without  unnecessary  delay. 

Consent  of  Tribe  to  Disbursements. 

33.  No  funds  belonging  to  said  tribe  shall  hereafter  be  used 
or  paid  out  for  any  purposes  by  any  officer  of  the  United  States 
without  consent  of  the  tribe,  expressly  given  through  its  na- 
tional council,  except  as  herein  provided. 

Expenses  of  Surveys. 

34.  The  United  States  shall  pay  all  expenses  incident  to 
the  survey,  platting,  and  disposition  of  town  lots,  and  of  allot- 
ments of  lands  made  under  the  provisions  of  this  agreement, 
except  where  the  town  authorities  have  been  or  may  be  duly 
authorized  to  survey  and  plat  their  respective  towns  at  the 
expense  of  such  town. 

U.  S.  v.  Rea-Reed  Mill  &  Elevator  Co.,  171  Fed.  501. 

Parents  Guardians  of  Children. 

35.  Parents  shall  be  the  natural  guardians  of  their  children, 
and  shall  act  for  them  as  such  unless  a  guardian  shall  have 
been  appointed  by  a  court  having  jurisdiction;  and  parents  so 
acting  shall  not  be  required  to  give  bond  as  guardians  unless 
by  order  of  such  court,  but  they,  and  all  other  persons  having 
charge  of  lands,  moneys,  and  other  property  belonging  to  mi- 
nors and  incompetents,  shall  be  required  to  make  proper  ac- 
counting therefor  in  the  Court  having  jurisdiction  thereof  in 
manner  deemed  necessary  for  the  preservation  of  such  estates. 

Indian  Land  &  Trust  Co.  v.  Shoenfelt,  5  I.  T.  41,  79  S.  W.  134. 
Capps  v.  Hensley,  23  Okla.  311,  100  Pac.  515. 
Beck  v.  Jackson,  23  Okla.  812,  101  Pac.  1109. 


Original  Creek  Treaty.  123 

Allotments  to  Sem moles  in  Creek  Nation. 

2)6.  All  Seminole  citizens  who  have  heretofore  settled  and 
made  homes  upon  lands  belonging  to  the  Creeks  may  there 
take;,  for  themselves  and  their  families,  such  allotments  as 
they  would  be  entitled  to  take  of  Seminole  lands,  and  all  Creek 
citizens  who  have  heretofore  settled  and  made  homes  upon 
lands  belonging  to  Seminoles  may  there  take,  for  themselves 
and  their  families,  allotments  of  one  hundred  and  sixty  acres 
each,  and  if  the  citizens  of  one  tribe  thus  receive  a  greater 
number  of  acres  than  the  citizens  of  the  other,  the  excess  shall 
be  paid  for  by  such  tribe.,  at  a  price  to  be  agreed  upon  by  the 
principal  chiefs  of  the  two  tribes,  and  if  they  fail  to  agree,  the 
price  shall  be  fixed  by  the  Indian  agent,  but  the  citizenship  of 
persons  so  taking  allotments  shall  in  no  wise  be  affected  there- 
by. 

Titles  shall  be  conveyed  to  Seminoles  selecting  allotments 
of  Creek  lands  in  manner  herein  provided  for  conveyance  of 
Creek  allotments,  and  titles  shall  be  conveyed  to  Creeks  select- 
ing allotments  of  Seminole  lands  in  manner  provided  in  the 
Seminole  agreement  dated  December  sixteenth,  eighteen  hun- 
dred and  ninety-seven,  for  conveyance  of  Seminole  allotments : 
Provided,  That  deeds  shall  be  executed  to  allottees  immediately 
after  selection  of  allotment  is  made. 

This  provision  shall  not  take  effect  until  after  it  shall  have 
been  separately  and  specifically  approved  by  the  Creek  national 
council,  and  by  the  Seminole  general  council ;  and  if  not  ap- 
proved by  either,  it  shall  fail  altogether,  and  be  eliminated 
from  this  agreement  without  impairing  any  other  of  its  pro- 
visions. 

Leases  of  Allotments  Permitted. 

37.  Creek  citizens  may  rent  their  allotments,  when  selected, 
for  a  term  not  exceeding  one  year,  and  after  receiving  title 
thereto  without  restriction,  if  adjoining  allottees  are  not  in- 
jured thereby,  and  cattle  grazed  thereon  shall  not  be  liable  to 
any  tribal  tax;  but  when  cattle  are  introduced  into  the  Creek 


124  Original  Creek  Treaty. 

Nation  and  grazed  on  lands  not  selected  by  citizens,  the  Sec- 
retary of  the  Interior  is  authorized  to  collect  from  the  owners 
thereof  a  reasonable  grazing  tax  for  the  benefit  of  the  tribe ; 
and  section  twenty-one  hundred  and  seventeen,  Revised  Stat- 
utes of  the  United  States,  shall  not  hereafter  apply  to  Creel- 
lands. 

Muskogee  Land  Co.  v.  Mullins,  7  I.  T.  189,  104  S.  W.  586. 
Eldred  v.  Okmulgee  Loan  &  Trust  Co.,  22  Okla.  742,  98  Pac.  929. 
Groom  v.  Wright,  30  Okla.  652,  121  Pac.  219. 
Moore  v.  Sawyer,   167  Fed.  826. 

Sale  of  Timber. 

38.  After  any  citizen  has  selected  his  allotment  he  may 
dispose  of  any  timber  thereon,  but  if  he  dispose  of  such  tim- 
ber, or  any  part  of  same,  he  shall  not  thereafter  select  other 
lands  in  lieu  thereof,  and  his  allotment  shall  be  appraised  as 
if  in  condition  when  selected. 

No  timber  shall  be  taken  from  lands  not  so  selected,  and 
disposed  of,  without  payment  of  reasonable  royalty  thereon, 
under  contract  to  be  prescribed  by  the  Secretary  of  the  In- 
terior. 

No  Permit  Tax  from  Non-Citizens. 

39.  No  non-citizen  renting  lands  from  a  citizen  for  agri- 
cultural purposes,  as  provided  by  law,  whether  such  lands  have 
been  selected  as  an  allotment  or  not,  shall  be  required  to  pay 
any  permit  tax. 

Buster  v.  Wright,  135  Fed.  947. 

Schools — Creek  School  Fund,  Use  of. 

40.  The  Creek  school  fund  shall  be  used,  under  direction 
of  the  Secretary  of  the  Interior,  for  the  education  of  Creek 
citizens,  and  the  Creek  schools  shall  be  conducted  under  rules 
and  regulations  prescribed  by  him,  under  direct  supervision  of 
the  Creek  school  superintendent  and  a  supervisor  appointed 
by  the  Secretary,  and  under  Creek  laws,  subject  to  such  modi- 
fications as  the  Secretarv  of  the  Interior  may  deem  necessary 


Original  Creek  Treaty.  125 

to  make  the  schools  most  effective  and  to  produce  the  best 
possible  results. 

All  teachers  shall  be  examined  by  or  under  direction  of  said 
superintendent  and  supervisor,  and  competent  teachers  and 
other  persons  to  be  engaged  in  and  about  the  schools  with  good 
moral  character  only  shall  be  employed,  but  where  all  qualifi- 
cations are  equal  preference  shall  be  given  to  citizens  in  such 
employment. 

All  moneys  for  running  the  schools  shall  be  appropriated  by 
the  Creek  national  council,  not  exceeding  the  amount  of  the 
Creek  school  fund,  seventy-six  thousand  four  hundred  and 
sixty-eight  dollars  and  forty  cents ;  but  if  it  fail  or  refuse  to 
make  the  necessary  appropriations  the  Secretary  of  the  Interior 
may  direct  the  use  of  a  sufficient  amount  of  the  school  funds 
to  pay  all  expenses  necessary  to  the  efficient  conduct  of  the 
schools,  strict  account  thereof  to  be  rendered  to  him  and  to 
the  principal  chief. 

All  accounts  for  expenditures  in  running  the  schools  shall 
be  examined  and  approved  by  said  superintendent  and  super- 
visor, and  also  by  the  general  superintendent  of  Indian  schools, 
in  Indian  Territory,  before  payment  thereof  is  made. 

If  the  superintendent  and  supervisor  fail  to  agree  upon  any 
matter  under  their  direction  or  control,  it  shall  be  decided  by 
said  general  superintendent,  subject  to  appeal  to  the  Secretary 
of  the  Interior ;  but  his  decision  shall  govern  until  reversed  by 
the  Secretary. 

Section  13  of  "Original  Curtis  Act"  Inapplicable — Section  14 
Applicable, 

41.  The  provisions  of  section  thirteen  of  the  act  of  Con- 
gress approved  June  twenty-eighth,  eighteen  hundred  and 
ninety-eight,  entitled  "An  act  for  the  protection  of  the  people 
of  the  Indian  Territory,  and  for  other  purposes,"'  shall  not 
apply  to  or  in  any  manner  affect  the  lands  or  other  property 
of  said  tribe,  or  be  in  force  in  the  Creek  Nation,  and  no  act 
of  Congress  or  treaty  provision  inconsistent  with  this  agree- 


126  Original  Creek  Treaty. 

ment  shall  be  in  force  in  said  nation,  except  section  fourteen 
of  said  last-mentioned  act,  which  shall  continue  in  force  as 
if  this  agreement  had  not  been  made. 

Tribal  Acts  to  be  Approved  by  President. 

42.  No  act,  ordinance,  or  resolution  of  the  national  council 
of  the  Creek  Nation  in  any  manner  affecting  the  lands  of  the 
tribe,  or  of  individuals  after  allotment,  or  the  moneys  or' other 
property  of  the  tribe,  or  of  the  citizens  thereof,  except  appro- 
priations for  the  necessary  incidental  and  salaried  expenses 
of  the  Creek  government  as  herein  limited,  shall  be  of  any 
validity  until  approved  by  the  President  of  the  United  States. 
When  anv  such  act,  ordinance,  or  resolution  shall  be  passed 
by  said  council  and  approved  by  the  principal  chief,  a  true 
and  correct  copy  thereof,  duly  certified,  shall  be  immediately 
transmitted  to  the  President,  who  shall,  within  thirty  days 
after  received  by  him,  approve  or  disapprove  the  same.  If 
disapproved,  it  shall  be  so  indorsed  and  returned  to  the  prin- 
cipal chief;  if  approved,  the  approval  shall  be  indorsed  there- 
on, and  it  shall  be  published  in  at  least  two  newspapers  having 
a  bona  fide  circulation  in  the  Creek  Nation. 

Intoxicants  Prohibited. 

43.  The  United  States  agrees  to  maintain  strict  laws  in  said 
nation  against  the  introduction,  sale,  barter,  or  giving  away 
of  liquors  or  intoxicants  of  any  kind  whatsoever. 

United  States  Express  Co.  v.  Friedman,  191  Fed.  673. 
In  re  Webb,  225  U.  S.  663,  56  L.  Ed.  1248. 

Existing  Treaties  Not  Affected. 

44.  This  agreement  shall  in  no  wise  affect  the  provisions 
of  existing  treaties  between  the  United  States  and  said  tribe 
except  so  far  as  inconsistent  therewith. 

General  Authority  Granted  to  Secretary  of  Interior. 

45.  All  things  necessary  to  carrying  into  effect  the  provi- 
sions of  this  agreement,  not  otherwise  herein  specifically  pro- 


Original  Creek  Treaty.  127 

vided  for,  shall  be  done  under  authority  and  direction  of  the 
Secretary  of  the  Interior. 

Capital  Townsite  Co.  v.  Fox,  G  I.  T.  223,  90  S.  W.  G14. 

Tribal  Government  to  Cease  March  4,  1906. 

46.  The  tribal  government  of  the  Creek  Nation  shall  not 
continue  longer  than  March  fourth,  nineteen  hundred  and  six. 
subject  to  such  further  legislation  as  Congress  may  deem 
proper. 

Creek  Courts  Not  Restored. 

47.  Nothing  contained  in  this  agreement  shall  be  construed 
to  revive  or  re-establish  the  Creek  courts,  which  have  been 
abolished  by  former  acts  of  Congress. 


128  Original  Creek  Treaty. 

FURTHER  ANNOTATIONS. 


Supplemental  Creek  Treaty.  129 

SUPPLEMENTAL  CREEK  TREATY. 

Approved  by  Act  of  Congress  June  30,  1902,  and  Ratified  by  the  Creek 

Nation   July   26,    1902;    Effective   by   Proclamation   of   the 

President  of  the  United  States  August  8,  1902. 

(32  Stat.  L.,  500.) 

AN  ACT  TO  RATIFY  AND  CONFIRM  A  SUPPLEMENTAL 

AGREEMENT  WITH  THE  CREEK  TRIBE  OF  INDIANS,  AND 

FOR  OTHER   PURPOSES. 

Preamble — Agreement  to  be  Ratified  by  Creek  Council. 

BE  IT  ENACTED  BY  THE  SENATE  AM)  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  fol- 
lowing supplemental  agreement,  submitted  by  certain  commis- 
sioners fo  the  Creek  tribe  of  Indians,  as  herein  amended,  ic 
hereby  ratified  and  confirmed  on  the  part  of  the  United  States, 
and  the  same  shall  be  of  full  force  and  effect  if  ratified  by  the 
Creek  tribal  council  on  or  before  the  first  day  of  September, 
nineteen  hundred  and  two,  which  said  supplemental  agreement 
is  as  follows : 

This  agreement  by  and  between  the  United  States,  entered 
into  in  its  behalf  by  the  Commission  to  the  Five  Civilized 
Tribes,  Henry  L.  Dawes,  Tarns  Bixby,  Thomas  B.  Needles, 
and  Clifton  R.  Breckenridge,  duly  appointed  and  authorized 
thereunto,  and  the  Muskogee  (or  Creek)  tribe  of  Indians,  in 
Indian  Territory,  entered  into  in  behalf  of  the  said  tribe  by 
Pleasant  Porter,  principal  chief,  Roley  Mcintosh,  Thomas  W 
Perryman,  Amos  Mcintosh,  and  David  M.  Hodge,  commis- 
sioners duly  appointed  and  authorized  thereunto,  witnesseth, 
that  in  consideration  of  the  mutual  undertakings  herein  con- 
tained, it  is  agreed  as  follows : 

Baker  v.  Hammett,  23  Okla.  480,  100  Pac.   1114. 

DEFINITIONS. 

Definition  of  Terms. 

The  words  "Creek"  and  "Muskogee"  as  used  in  this  agree- 
ment shall  be  deemed  synonymous,   and  the  words  "nation" 
VCT9 


130  Supplemental  Creek  Treaty. 

and  "tribe"  shall  each  be  deemed  to  refer  to  the  Muskogee  Na- 
tion or  Muskogee  tribe  of  Indians  in  Indian  Territory.  The 
words  "principal  chief"  shall  be  deemed  to  refer  to  the  prin- 
cipal chief  of  the  Muskogee  Nation.  The  words  "citizen"  or 
"citizens"  shall  be  deemed  to  refer  to  a  member  or  members 
of  the  Muskogee  tribe  or  nation  of  Indians.  The  word  "Com- 
missioner" shall  be  deemed  to  refer  to  the  United  States  Com- 
mission to  the  Five  Civilized  Tribes. 

Lamb  v.  Baker,  27  Okla.  739,  117  Pac.  189. 
ALLOTMENT  OF  LANDS. 

Allotment  of  Lands — Appraisements. 

2.  Section  2  of  the  agreement  ratified  by  act  of  Congress 
approved  March,  1901  (31  Stat.  L.,  861),  is  amended  and 
as  so  amended  is  re-enacted  to  read  as  follows : 

All  lands  belonging  to  the  Creek  tribe  of  Indians  in  Indian 
Territory,  except  town  sites  and  lands  reserved  for  Creek 
Schools  and  churches,  railroads,  and  town  cemeteries,  in  ac- 
cordance with  the  provisions  of  the  act  of  Congress  approved 
March  1,  1901  (31  Stat.  L.,  861),  shall  be  appraised  at  not 
to  exceed  $6.50  per  acre,  excluding  only  lawful  improvements 
on  lands  in  actual  cultivation. 

Such  appraisement  shall  be  made,  under  the  direction  and 
supervision  of  the  Commission  to  the  Five  Civilized  Tribes, 
by  such  number  of  committees  with  necessary  assistance  as 
may  be  deemed  necessary  to  expedite  the  work,  one  member  of 
each  committee  to  be  appointed  by  the  principal  chief.  Said 
commission  shall  have  authority  to  revise  and  adjust  the  work 
of  said  committees ;  and  if  the  members  of  any  committee  fail 
to  agree  as  to  the  value  of  any  tract  of  land,  the  value  thereof 
shall  be  fixed  by  said  Commission.  The  appraisement  so  made 
shall  be  submitted  to  the  Secretary  of  the  Interior  for  ap- 
proval. 

Amendment  of  Original  Creek  Agreement. 

3.     Paragraph  2  of  section  3  of  the  agreement  ratified  by 


Supplemental  Creek  Treaty.  131 

said  act  of  Congress  approved  March  1,  1901,  is  amended  and 
as  so  amended  is  re-enacted  to  read  as  follows : 

If  any  citizen  select  lands  the  appraised  value  of  which  is 
$6.50  per  acre,  he  shall  not  receive  any  further  distribution  of 
property  or  funds  of  the  tribe  until  all  other  citizens  have  re- 
ceived lands  and  moneys  equal  in  value  to  his  allotment. 

Jurisdiction  of  Commission — Exclusive  as  to  Allotments. 

4.  Exclusive  jurisdiction  is  hereby  conferred  upon  the  Com- 
mission to  the  Five  Civilized  tribes  to  determine,  under  the 
direction  of  the  Secretary  of  the  Interior,  all  controversies  aris- 
ing between,  citizens  as  to  their  right  to  select  certain  tracts 
of  land. 

Williams  v.  First  National  Bank,  20  Okla.  279,  95  Pac.  457. 

Erroneous  Selections — Cancellation  of  Certificates. 

5.  Where  it  is  shown  to  the  satisfaction  of  said  Commis- 
sion that  it  was  the  intention  of  a  citizen  to  select  lands  which 
include  his  home  and  improvements,  but  that  through  error 
and  mistake  he  had  selected  land  which  did  not  include  said 
home  and  improvements,  said  Commission  is  authorized  to 
cancel  said  selection  and  the  certificate  of  selection  or  allotment 
embracing  said  lands,  and  permit  said  citizen  to  make  a  new 
selection  including  said  home  and  improvements ;  and  should 
said  land  including  said  home  and  improvements  have  been 
selected  by  any  other  citizen  of  said  nation,  the  citizen  owning 
said  home  and  improvements  shall  be  permitted  to  file,  within 
ninety  days  from  the  ratification  of  this  agreement,  a  contest 
against  the  citizen  having  previously  selected  the  same,  and 
shall  not  be  prejudiced  therein  by  reason  of  lapse  of  time  or 
any  provision  of  law  or  rules  and  regulations  to  the  contrary. 

DESCENT    AND   DISTRIBUTION. 

Repeal — Arkansas  Law  Effective — Non-Citizens  Excluded,  When. 

6.  The  provisions  of  the  act  of  Congress  approved  March 
1,  1901   (31  Stat.  L.,  861),  in  so  far  as  they  provide  for  de- 


13^  Supplemental  Creek  Treaty. 

scent  and  distribution  according  to  the  laws  of  the  Creek  Xa- 
tion,  are  hereby  repealed,  and  the  descent  and  distribution  of 
land  and  money  provided  for  by  said  act  shall  be  in  accord- 
ance with  chapter  49  of  Mansfield's  Digest  of  the  Statutes  of 
Arkansas  now  in  force  in  Indian  Territory:  Provided,  That 
only  citizens  of  the  Creek  Nation,  male  and' female,  and  their 
Creek  descendants  shall  inherit  lands  of  the  Cheek  Nation : 
And  provided  further,  That  if  there  be  no  person  of  Creek 
citizenship  to  take  the  descent  and  distribution  of  said  estate 
then  the  inheritance  shall  go  to  non-citizen  heirs  in  the  order 
named  in  said  chapter  49. 

Hawkins  v.   Stevens,  21   Okla.   849,  97   Pac.  567. 

Irving  v.  Diamond,  23  Okla.  325,  100  Pac.  557. 

Lamb  v.  Baker,  27  Okla.  739,   117   Pac.   189. 

Hughes  Land   Co.  v.  Bailey,  30  Okla.    194,   120  Pac.   290. 

Skelton  v.  Dill,  30  Okla.  278,   119  Pac.  267. 

Brady  v.  Sizemore,  124  Pac.  615,  33  Okla.  169. 

Shellenbarger  v.  Fewel,   124  Pac.  617. 

Bentie  v.  McCoy,  128  Pac.  244. 

Shulthis  v.  McDougal,   162   Fed.  331,   170  Fed.   529. 

Brann  v.  Bell,  192  Fed.  427. 

Armstrong  v.  Wood,  195  Fed.   137. 

Shulthis  v.  McDougal,  225  U.  S.  561,  56  L.  Ed.  1205. 

Washington  v.  Miller,  129  Pac.  58. 

ROLLS    OF    CITIZENSHIP. 

Additional  Enrollments — New  Born  Creeks. 

7.  All  children  born  to  those  citizens  who  are  entitled  to  en- 
rollment as  provided  by  the  act  of  Congress  approved  March 
1,  1901  (31  Stat.  L.,  861),  subsequent  to  July  1,  1900,  and  up 
to  and  including  May  25,  1901,  and  living  upon  the  latter  date, 
shall  be  placed  on  the  rolls  made  by  said  Commission.  And  if 
any  such  child  has  died  since  May  25,  1901,  or  may  hereafter 
die  before  receiving  his  allotment  of  lands  and  distributive 
share  of  the  funds  of  the  tribe,  the  lands  and  moneys  to  which 
he  would  be  entitled  if  living  shall  descend  to  his  heirs  as 
herein  provided  and  be  allotted  and  distributed  to  them  ac- 
cordingly. 


Supplemental  Creek  Treaty.  133 

Lamb  v.  Baker,  27  Okla.  739,  117  Pac.   189. 
Hooks  v.  Kennard,  28  Okla.  457,   114  Pac.  744. 
Rentie  v.  McCoy,   128  Pac.  244. 

Shulthis  v.   McDougal,   102   Fed.  331,    170   Fed.   529. 
Shulthis  v.  McDougal,  225  U.  S.  561,  50  L.  Ed.  1205. 

Additional  Enrollments — Children  Living  May  25,  1901. 

8.  All  children  who  have  not  heretofore  been  listed  for 
enrollment  living  May  25,  1901,  born  to  citizens  whose  names 
appear  upon  the  authenticated  rolls  of  1890  or  upon  the  au- 
thenticated rolls  of  1895,  and  entitled  to  enrollment  as  pro- 
vided by  the  act  of  Congress  approved  March  1,  1901  (31 
Stat.  L.,  861),  shall  be  placed  on  the  rolls  made  by  said  Com- 
mission. And  if  any  such  child  has  died  since  May  25,  1901, 
or  may  hereafter  die  before  receiving  his  allotment  of  lands 
and  distributive  share  of  the  funds  of  the  tribe,  the  lands  and 
moneys  to  which  he  would  be  entitled  if  living  shall  descenJ 
to  his  heirs  as  herein  provided  and  be  allotted  and  distributed 
to  them  accordingly. 

Hooks  v.  Kennard,  28   Okla.   457,   114   Pac.   744. 
Skelton  v.  Dill,  30  Okla.  278,   119  Pac.  207. 
Eentie  v.  McCoy,  128  Pac.  244. 

Supplemental  Roll  of  Citizens  to  be  Made. 

9.  If  the  rolls  of  citizenship  provided  for  by  the  act  of 
Congress  approved  March  1,  1901  (31  Stat.  L.,  861),  shall 
have  been  completed  by  said  commission  prior  to  the  ratifica- 
tion of  this  agreement,  the  names  of  children  entitled  to  en- 
rollment under  the  provisions  of  sections  7  and  8  hereof  shall 
be  placed  upon  a  supplemental  roll  of  citizens  of  the  Creek 
Nation,  and  said  supplemental  roll,  when  approved  by  the  Sec- 
retary of  the  Interior,  shall  in  all  respects  be  held  to  be  a  part 
of  the  final  rolls  of  citizenship  of  said  tribe :  Provided,  That 
the  Dawes  Commission  be,  and  is  hereby,  authorized  to  add  the 
following  persons  to  the  Creek  roll :  Nar-wal-le-pe-se,  Mary 
Washington,  Walter  Washington,  and  Willie  Washington,  who 


134  Supplemental  Creek  Treaty. 

are   Creek   Indians,   but   whose  names   were   left   off   the   roll 
through  neglect  on  their  part. 

Hooks  v.  Kermard,  28  Okla.  457,  114  Pac.  744. 

ROADS. 

Roads  to  be  Established — Damages. 

io.  Public  highways  or  roads  3  rods  in  width,  being  one 
and  one-half  rods  on  each  side  of  the  section  line,  may  be 
established  along  all  section  lines  without  any  compensation 
being  paid  therefor;  and  all  allottees,  purchasers,  and  others 
shall  take  the  title  to  such  lands  subject  to  this  provision.  And 
public  highways  or  roads  may  be  established  elsewhere  when- 
ever necessary  for  the  public  good,  the  actual  value  of  the  land 
taken  elsewhere  than  along  section  lines  to  be  determined  un- 
der the  direction  of  the  Secretary  of  the  Interior  while  the 
tribal  government  continues,  and  to  be  paid  by  the  Creek  Na- 
tion during  that  time ;  and  if  buildings  or  other  improvements 
are  damaged  in  consequence  of  the  establishment  of  such  pub- 
lic highways  or  roads,  whether  along  section  lines  or  elsewhere, 
such  damages,  during  the  continuance  of  the  tribal  govern- 
ment, shall  be  determined  and  paid  in  the  same  manner. 

Mills  v.  Glasscock,  26  Okla.  123,  110  Pac.  377. 

Townsites — Compensation  to  Citizens. 

11.  In  all  instances  of  the  establishment  of  town  sites  in 
accordance  with  the  provisions  of  the  act  of  Congress  approved 
May  31,  1900  (31  Stat.  L.,  231),  or  those  of  section  to  of  the 
agreement  ratified  by  act  of  Congress  approved  March  1,  1901 
(31  Stat.  L.,  861),  authorizing  the  Secretary  of  the  Interior, 
upon  the  recommendation  of  the  Commission  to  the  Five  Civ- 
ilized Tribes,  at  any  time  before  allotment,  to  set  aside  and 
reserve  from  allotment  any  lands  in  the  Creek  Nation  not  ex- 
ceeding 160  acres  in  any  one  tract,  at  such  stations  as  are  or 
shall  be  established  in  conformity  with  law  on  the  line  of  any 
railroad  which  shall  be  constructed,  or  be  in  process  of  con- 


Supplemental  Creek  Treaty.  135 

struction,  in  or  through  said  nation  prior  to  the  allotment 
of  lands  therein,  any  citizen  who  shall  have  previously  selected 
such  town  site,  or  any  portion  thereof,  for  his  allotment,  or 
who  shall  have  been  by  reason  of  improvements  therein  enti- 
tled to  select  the  same  for  his  allotment,  shall  be  paid  by  the 
Creek  Nation  the  full  value  of  his  improvements  thereon  at 
the  time  of  the  establishment  of  the  town  site,  under  rules  and 
regulations  to  be  prescribed  by  the  Secretary  of  the  Interior : 
Provided,  however,  That  such  citizens  may  purchase  any  of 
said  lands  in  accordance  with  the  provisions  of  the  act  of 
March  1,  1901  (31  Stat.  L.,  861)  :  And  provided  further,  That 
the  lands  which  may  hereafter  be  set  aside  and  reserved  for 
town  sites  upon  recommendation  of  the  Dawes  Commission 
as  herein  provided  shall  embrace  such  acreage  as  may  be  neces- 
sary for  the  present  needs  and  reasonable  prospective  growth 
of  such  town  sites,  and  not  to  exceed  640  acres  for  each  town 
site,  and  10  per  cent  of  the  net  proceeds  arising  from  the  sale 
of  that  portion  of  the  land  within  the  town  site  so  selected  by 
him,  or  which  he  was  so  entitled  to  select ;  and  this  shall  be  in 
addition  to  his  right  to  receive  from  other  lands  an  allotment 
of  160  acres. 

cemeteries. 

Desecrating  Graves  Prohibited. 

12.  A  cemetery  other  than  a  town  cemetery  included  with- 
in the  boundaries  of  an  allotment  shall  not  be  desecrated  by 
tillage  or  otherwise,  but  no  interment  shall  be  made  therein 
except  with  the  consent  of  the  allottee,  and  any  person  dese- 
crating by  tillage  or  otherwise  a  grave  or  graves  in  a  cemetery 
included  within  the  boundaries  of  an  allotment  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  be  punished  as  pro- 
vided in  section  567  of  Mansfield's  Digest  of  the  Statutes  of 
Arkansas. 

Sale  of  Cemetery  Lots. 

13.  Whenever  the  town-site  surveyors  of  any  town  in  the 
Creek  Nation  shall  have  selected  and  located  a  cemetery,  as 


136  Supplemental  Creek  Treaty. 

provided  in  section  18  of  the  act  of  Congress  approved  March 
1,  1901  (31  Stat.  L.,  861)  the  town  authorities  shall  not  be 
authorized  to  dispose  of  lots  in  such  cemetery  until  payment 
shall  have  been  made  to  the  Creek  Nation  for  land  used  for 
said  cemetery  as  provided  in  said  act  of  Congress,  and  if  the 
town  authorities  fail  or  refuse  to  make  payment  as  aforesaid 
within  one  year  of  the  approval  of  the  plat  of  said  cemetery  by 
the  Secretary  of  the  Interior,  the  land  so  reserved  shall  revert 
to  the  Creek  Nation  and  be  subject  to  allotment.  And  for 
lands  heretofore  or  hereafter  designated  as  parks  upon  any 
plat  or  any  town  site,  the  town  shall  make  payment  into  the 
Treasury  of  the  United  States  to  the  credit  of  the  Creek  Na- 
tion within  one  year  at  the  rate  of  $20  per  acre,  and  if  such 
payment  be  not  made  within  that  time  the  lands  so  designated 
as  a  park  shall  be  platted  into  lots  and  sold  as  other  town  lots. 

MISCELLANEOUS. 

Per  Capita  Payments. 

14.  All  funds  of  the  Creek  Nation  not  needed  for  equal- 
ization of  allotments,  including  the  Creek  school  fund,  shall 
be  paid  out  under  direction  of  the  Secretary  of  the  Interior 
per  capita  to  the  citizens  of  the  Creek  Nation  on  the  disso- 
lution of  the  Creek  tribal  government. 

Reservations  for  Court-House  L^nds  Rescinded. 

15.  The  provisions  of  section  24  of  the  act  of  Congress 
approved  March  1,  1901  (31  Stat.  L.,  861),  for  the  reserva- 
tion of  land  for  the  six  established  Creek  court-houses  is  here- 
by repealed. 

Restrictions  on  Alienation — Selections  for  Minors,  Etc. — Descent 
of  Homesteads. 

16.  Lands  allotted  to  citizens  shall  not  in  any  manner  what- 
ever, or  at  any  time  be  encumbered,  take,  or  sold  to  secure  or 
satisfy  anv  debt  or  obligation  nor  be  alienated  by  the  allottee 
or  his  heirs  before  the  expiration  of  five  years  from  the  date 
of  the  approval  of  this  supplemental  agreement,  except  with 


Supplemental  Creek  Treaty.  137 

the  approval  of  the  Secretary  of  the  Interior.  Each  citizen 
shall  select  from  his  allotment  forty  acres  of  land,  or  a  quarter 
of  a  quarter  section,  as  a  homestead,  which  shall  be  and  re- 
main nontaxable,  inalienable,  and  free  from  any  incumbrance 
whatever  .for  twenty-one  years  from  the  date  of  the  deed  there- 
for, and  a  separate  deed  shall  be  issued  to  each  allottee  for 
his  homestead,  in  which  this  condition  shall  appear. 

Selections  of  homesteads  for  minors,  prisoners,  convicts, 
incompetents  and  aged  and  infirm  persons,  who  can  not  select 
for  themselves,  may  be  made  in  the  manner  provided  for  the 
selection  of  their  allotments,  and  if  for  any  reason  such  selec- 
tion be  not  made  for  any  citizen  it  shall  be  the  duty  of  said 
Commission  to  make  selection  for  him.  The  homestead  of 
each  citizen  shall  remain,  after  the  death  of  the  allottee,  for 
the  use  and  support  of  children  born  to  him  after  May  25, 
1901,  but  if  he  have  no  such  issue  then  he  may  dispose  of  his 
homestead  by  will,  free  from  the  limitation  herein  imposed, 
and  if  this  be  not  done  the  land  embraced  in  his  homestead 
shall  descend  to  his  heirs,  free  from  such  limitation,  according 
to  the  laws  of  descent  herein  otherwise  prescribed.  Any  agree- 
ment or  conveyance  of  any  kind  or  character  violative  of  any 
of  the  provisions  of  this  paragraph  shall  be  absolutely  void 
and  not  susceptible  of  ratification  in  any  manner,  and  no  rule 
of  estoppel  shall  ever  prevent  the  assertion  of  its  invalidity. 

Alfrey  v.  Colbert,  7  T.  T.  338,  104  S.  W.  638,  168  Fed.  231. 
Harris  v.  Hardridge,  7  I.  T.  532,  104  S.  W.  826,  166  Fed.  109. 
Western  Investment  Co.  v.  Tiger,  21  Okla.  G30,  96  Pac.  602. 
In  re  Brown's  Estate,  22  Okla.  216,  97  Pac.  613. 
Western  Investment  Co.  v.  Kistler,  22  Okla.  222,  97  Pac.  588. 
International  Land  Co.  v.  Marshall,  22  Okla.  693,  98  Pac.  951. 
Eldred  v.  Okmulgee  Loan  &  Trust  Co.,  22  Okla.  742,  98  Pac.  929. 
McWTilliams   Investment   Co.   v.   Livingston,   22   Okla.    884,   98   Pac. 

914. 
Sharp  v.  Lancaster,  23  Okla.  349,  100  Pac.  578. 
Baker  v.  Hammett,  23  Okla.  4S0,  100  Pac.   1114. 
Blakemore  v.  Johnson,  24  Okla.  544,  103  Pac.  554. 
Bragdon  v.  McShea,  26  Okla.  35,  107  Pac.  916. 


138  Supplemental  Creek  Treaty. 

Jefferson   v.   Winkler,   2G   Okla.   653,   110   Pac.   755. 

Simmons  v.  Whittington,  27  Okla.  35G,  112  Pac.  1018. 

Barnes  v.  Stonebraker,  28  Okla.  75,   113  Pac.  903. 

Harper  v.  Kelly,  29  Okla.  809,  120  Pac.  293. 

The  30,000  Land  Suits,  199  Fed.  811. 

Taylor  v.  Brown,  147  U.  S.  039,  37  L.  Ed.  313. 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286,  55  L.  Ed.  738. 

Heckman  v.  U.  S.,  224  U.  S.  413,  56  L.  Ed.  820. 

English  v.  Richardson,  224  U.  S.   680,  56  L.  Ed.  949. 

Stevens  v.  Elliott,  30  Okla.  41,  118  Pac.  407. 

Skelton  v.  Dill,  30  Okla.  278.  119  Pac.  267. 

Groom  v.  Wright,  30  Okla.  652,  121  Pac.  215. 

In  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 

Parkinson  v.  Skelton,  128  Pac.  131,  33  Okla.  813. 

In  re  Washington's  Estate,  128  Pac.   1079. 

Rentie  v.  McCoy,  128  Pac.  244. 

Moore  v.   Sawyer,   167  Fed.  826. 

United  States  v.  Allen,   171   Fed.  907,   179  Fed.   13. 

United  States  v.  Schock,  187  Fed.  862. 

United  States  v.  Jacobs,   195  Fed.  707. 

Reed  v.  Welty,  197  Fed.  419. 

Restrictions  on  Lease  by  Citizens. 

17.     Section  37  of  the  agreement  ratified  by  said  act  of 

March  1,  1901,  is  amended,  and  as  so  amended  is  re-enacted 

to  read  as  follows : 

"Creek  citizens  may  rent  their  allotments,  for  strictly 
nonmineral  purposes,  for  a  term  not  to  exceed  one  year 
for  grazing  purposes  only  and  for  a  period  not  to  ex- 
ceed five  years  for  agricultural  purposes,  but  without  any 
stipulation  or  obligation  to  renew  the  same.  Such  leases 
for  a  period  longer  than  one  year  for  grazing  purposes 
and  for  a  period  longer  than  five  years  for  agricultural 
purposes,  and  leases  for  mineral  purposes  may  also  be 
made  with  the  approval  of  the  Secretary  of  the  Interior, 
and  not  otherwise.  Any  agreement  or  lease  of  any  kind 
or  character  violative  of  this  paragraph  shall  be  abso- 
lutely void  and  not  susceptible  of  ratification  in  any  man- 
ner, and  no  rule  of  estoppel  shall  ever  prevent  the  asser- 


Supplemental  Creek  Treaty.  139 

tion  of  its  invalidity.  Cattle  grazed  upon  leased  allotments 
shall  not  be  liable  to  any  tribal  tax,  but  when  cattle  are 
introduced  into  the  Creek  Nation  and  grazed  on  lands 
not  selected  for  allotment  by  citizens,  the  Secretary  of 
the  Interior  shall  collect  from  the  owners  thereof  a  rea- 
sonable grazing  tax  for  the  benefit  of  the  tribe,  and  section 
21 17  of  the  Revised  Statutes  of  the  United  States  shall 
not  hereafter  apply  to  Creek  lands." 

Blackburn  v.  Muskogee  Land  Co.,  G  I.  T.  232,  91  S.  W.  31. 
Muskogee  Land  Co.  v.  Mullins,  7  I.  T.  189,  104  S.  W.  586,  165  Fed. 

179. 
Muskogee  Development  Co.  v.  Green,  22  Okla.  237,  97  Pac.  619. 
Whitman  v.  Lehmer,  22  Okla.  627,  98  Pac.  351. 
Williams  v.   Williams,  22  Okla.   672,  98  Pac.   909. 
International  Land  Co.  v.  Marshall,  22  Okla.  693,  98  Pac.  951. 
Eldred  v.  Okmulgee  Loan  &  Trust  Co.,  22  Okla.  742,  98  Pac.  929. 
Blakemore  v.  Johnson,  24  Okla,  544,   103  Pac.  554. 
Groom  v.  Wright,  30  Okla.  652,   121   Pac.  215. 
Chapman  v.  Siler,  30  Okla.  714,  120  Pac.  608. 
Davis  v.  Selby  Oil  &  Gas  Co.,  128  Pac.  1083. 
Morrison  v.  Burnette,  154  Fed.  617. 
Turner  v.  Seeps,  167  Fed.  646,  179  Fed.  74. 
Shulthis  v.  McDougal,  162  Fed.  331,  170  Fed.  529. 
See  also 
U.  S.  v.  Abrams,  194  Fed.  82. 
U.  S.  v.  Noble,  197  Fed.  292. 
IT.  S.  v.  Wright,  197  Fed.  297. 

Permits  to  Graze  Cattle — Regulations. 

18.  When  cattle  are  introduced  into  the  Creek  Nation  to 
be  grazed  upon  either  lands  not  selected  for  allotment  or 
upon  lands  allotted  or  selected  for  allotment  the  owner  there- 
of, or  the  party  or  parties  so  introducing  the  same,  shall  first 
obtain  a  permit  from  the  United  States  Indian  agent,  Union 
Agency,  authorizing  the  introduction  of  such  cattle.  The  ap- 
plication for  said  permit  shall  state  the  number  of  cattle  to  be 
introduced,  together  with  a  description  of  the  same,  and  shall 
specify  the  lands  upon  which  said  cattle  are  to  be  grazed,  and 
whether  or  not  said  lands  have  been   selected   for  allotment. 


140  Supplemental  Creek  Treaty. 

Cattle  so  introduced  and  all  other  live  stock  owned  or  con- 
trolled by  noncitizens  of  the  nation  shall  be  kept  upon  inclosed 
lands,  and  if  any  such  cattle  or  other  live  stock  trespass  upon 
lands  allotted  to  or  selected  for  allotment  by  any  citizen  of 
said  nation,  the  owner  thereof  shall,  for  the  first  trespass, 
make  reparation  to  the  party  injured  for  the  true  value  of 
the  damages  he  may  have  sustained,  and  for  every  trespass 
thereafter  double  damages,  to  be  recovered  with  costs,  whether 
the  land  upon  which  trespass  is  made  is  inclosed  or  not. 

Any  person  who  shall  introduce  any  cattle  into  the  Creek 
Nation  in  violation  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor  and  punished  by  a  fine  of  not 
less  than  $100,  and  shall  stand  committed  until  such  fine  and 
costs  are  paid,  such  commitment  not  to  exceed  one  day  for 
every  $2  of  said  fine  and  costs  ;  and  every  day  said  cattle  are 
permitted  to  remain  in  said  nation  without  a  permit  for  their 
introduction  having  been  obtained  shall  constitute  a  separate 
offense. 

Citizens  to  be  Placed  in  Possession  of  Their  Allotments. 

19.     Section   8   of   the    agreement    ratified   by    said    act    of 

March  1,  1901,  is  amended,  and  as  so  amended  is  reenacted  to 

read  as  follows : 

"The  Secretary  of  the  Interior  shall,  through  the  United 
States  Indian  agent  in  said  Territory,  immediately  after 
the  ratification  of  this  agreement,  put  each  citizen  who 
has  made  selection  of  his  allotment  in  unrestricted  posses- 
sion of  his  land  and  remove  therefrom  all  persons  objec- 
tionable to  him ;  and  when  any  citizen  shall  thereafter 
make  selection  of  his  allotment  as  herein  provided  and 
receive  certificate  therefor,  he  shall  be  immediately  there- 
upon so  placed  in  possession  of  his  land,  and  during  the 
continuance  of  the  tribal  government  the  Secretary  of  the 
Interior,  through  such  Indian  agent,  shall  protect  the 
allottee   in   his    right   to   possession    against   any   and    all 


Supplemental  Creek  Treaty.  141 

persons  claiming  under  any  lease,  agreement,  or  convey- 
ance not  obtained  in  conformity  to  law." 

Bodle  v.  Shoenfelt,  22  Okla.  94,  97  Pac.  556. 

Indian  Land  &  Trust  Co.  v.  Fears,  22  Okla.  6S1,  98  Pac.  904. 

Indian  Land  &  Trust  Co.  v.  Shoenfelt,  5  I.  T.  41,  79  S.  W.  134. 

Repeal. 

20.  This  agreement  is  intended  to  modify  and  supplement 
the  agreement  ratified  by  said  act  of  Congress  approved  March 
r,  1901,  and  shall  be  held  to  repeal  any  provision  in  that 
agreement  or  in  any  prior  agreement,  treaty,  or  law  in  conflict 
herewith. 

United   States  v.   Shock,    187   Fed.   8(52. 
Reed  v.  Welty,  197   Fed.  419. 

Agreement  to  be  Effective  When  Ratified. 

21.  This  agreement  shall  be  binding  upon  the  I  nited  States 
and  the  Creek  Nation,  and  upon  all  persons  affected  thereby 
when  it  shall  have  been  ratified  by  Congress  and  the  Creek 
national  council,  and  the  fact  of  such  ratification  shall  have 
been  proclaimed  as  hereinafter  provided. 

Baker  v.  Hammett,  23  Okla.  480,   100  Pac.   1114. 

Submission  to  Creek  Council  for  Ratification. 

22.  The  principal  chief,  as  soon  as  practicable  after  the 
ratification  of  this  agreement  by  Congress,  shall  call  an  extra 
session  of  the  Creek  Nation  council  and  submit  this  agreement, 
as  ratified  by  Congress,  to  such  council  for  its  consideration, 
and  if  the  agreement  be  ratified  by  the  national  council,  as 
provided  in  the  constitution  of  the  tribe,  the  principal  chief 
shall  transmit  to  the  President  of  the  United  States  a  certified 
copy  of  the  act  of  the  council  ratifying  the  agreement,  and 
thereupon  the  President  shall  issue  his  proclamation  making 
public  announcement  of  such  ratification.  Thenceforward  all 
the  provisions  of  this  agreement  shall  have  the  force  and 
effect  of  law. 

Baker  v.  Hammett,  23  Okla.  480,  100  Pac.  1114. 


142  Supplemental  Creek  Treaty. 

FURTHER  ANNOTATIONS. 


Supplemental  Creek  Treaty.  143 

FURTHER  ANNOTATIONS. 


144  Seminole  Agreement  1897. 


SEMINOLE  AGREEMENT. 

December  1G,  1897. 

Approved  by  Act  of  Congress  July  1,  1898. 

(30  Stat.  L.  5G7.) 

AN   ACT   TO   RATIFY   THE   AGREEMENT   BETWEEN 

THE  DAWES  COMMISSION  AND  THE   SEMINOLE  NATION 

OF  INDIANS. 

Preamble. 

Whereas  an  agreement  was  made  by  Henry  L.  Dawes, 
Tarns  Bixby,  Frank  C.  Armstrong,  Archibald  S.  McKennon, 
Thomas  B.  Needles,  the  Commission  of  the  United  States  to 
the  Five  Civilized  Tribes,  and  Allison  L.  Aylesworth,  secretary, 
John  F.  Brown,  Okchan  Harjo,  William  Cully,  K.  N.  Kinkehee, 
Thomas  West,  Thomas  Factor,  Seminole  Commission,  A.  J. 
Brown,  secretary,  on  the  part  of  the  Seminole  Nation  of 
Indians,  on  December  sixteenth,  eighteen  hundred  and  ninety- 
seven,  as   follows : 

AGREEMENT  BETWEEN  THE  UNITED  STATES 
COMMISSIONERS  TO  NEGOTIATE  WITH  THE  FIVE 
CIVILIZED  TRIBES,  AND  THE  COMMISSIONERS  ON 
THE  PART  OF  THE  SEMINOLE  NATION. 

Allotment  of  Lands — Restrictions  on  Alienation — Reservations — 
Patents — Courts. 

This  agreement  by  and  between  the  Government  of  the 
United  States  of  the  first  part,  entered  into  in  its  behalf  by 
the  Commission  to  the  Five  Civilized  Tribes,  Henry  L.  Dawes, 
Tarns  Bixby,  Frank  C.  Armstrong,  Archibald  S.  McKennon, 
and  Thomas  B.  Needles,  duly  appointed  and  authorized  there- 
unto, and  the  government  of  the  Seminole  Nation  in  Indian 
Territory,  of  the  second  part,  entered  into  on  behalf  of  said 
government  by  its  commission,  duly  appointed  and  authorized 
thereunto,  viz.,  John  F.  Brown,  Okchan  Harjo,  William  Cully, 
K.  N.  Kinkehee,  Thomas  West,  and  Thomas  Factor; 


Seminole  Agreement  1897.  145 

Witnesseth,  That  in  consideration  of  the  mutual  undertak- 
ings herein  contained,  it  is  agreed  as  follows : 

All  lands  belonging  to  the  Seminole  tribe  of  Indians  shall 
be  divided  into  three  classes,  designated  as  first,  second,  and 
third  class ;  the  first  class  to  be  appraised  at  five  dollars,  the 
second  class  at  two  dollars  and  fifty  cents,  and  the  third  class 
at  one  dollar  and  twenty-five  cents  per  acre,  and  the  same 
shall  be  divided  among  the  members  of*  the  tribe  so  that  each 
shall  have  an  equal  share  thereof  in  value,  so  far  as  may  be, 
the  location  and  fertility  of  the  soil  considered ;  giving  to 
each  the  right  to  select  his  allotment  so  as  to  include  any  im- 
provements thereon,  owned  by  him  at  the  time  ;  and  each  al- 
lottee shall  have  the  sole  right  of  occupancy  of  the  land  so 
allotted  to  him,  during  the  existence  of  the  present  tribal  gov- 
ernment, and  until  the  members  of  said  tribe  shall  become 
citizens  of  the  United  States.  Such  allotments  shall  be  made 
under  the  direction  and  supervision  of  the  Commission  to  the 
Five  Civilized  Tribes  in  connnection  with  a  representative 
appointed  by  the  tribal  government ;  and  the  chairman  of  said 
Commission  shall  execute  and  deliver  to  each  allottee  a  certi- 
ficate describing  therein  the  land  allotted  to  him. 

All  contracts  for  sale,  disposition,  or  encumbrance  of 
any  part  of  any  allotment  made  prior  to  date  of  patent  shall  be 
void. 

Any  allottee  may  lease  his  allotment  for  any  period  not 
exceeding  six  years,  the  contract  therefor  to  be  executed  in 
triplicate  upon  printed  blanks  provided  by  the  tribal  govern- 
ment, and  before  the  same  shall  become  effective  it  shall  be 
approved  by  the  principal  chief  and  a  copy  filed  in  the  office 
of  the  clerk  of  the  United  States  court  at  Wewoka. 

No  lease  of  any  coal,  mineral,  coal  oil,  or  natural  gas  with- 
in said  nation  shall  be  valid  unless  made  with  the  tribal  govern- 
ment, by  and  with  the  consent  of  the  allottee  and  approved 
by  the  Secretary  of  the  Interior. 

Should  there  be  discovered  on  any  allotment  any  coal, 
mineral,  coal  oil,  or  natural  gas,  and  the  same  should  be 
VCT10 


146  Seminole  Agreement  1897. 

operated  so  as  to  produce  royalty,  one  half  of  such  royalty 
shall  be  paid  to  such  allottee  and  the  remaining  half  into  the 
tribal  treasury  until  extinguishment  of  tribal  government,  and 
the  latter  shall  be  used  for  the  purpose  of  equalizing  the  value 
of  allotments;  and  if  the  same  be  insufficient  therefor,  any 
other  funds  belonging  to  the  tribe,  upon  extinguishment  of 
tribal  government,  may  be  used  for  such  purpose,  so  that 
each  allotment  may  be  made  equal  in  value  as  aforesaid. 

The  town  site  of  Wewoka  shall  be  controlled  and  disposed 
of  according  to  the  provisions  of  an  act  of  the  general  council 
of  the  Seminole  Nation,  approved  April  23rd,  1897,  relative 
thereto;  and  on  extinguishment  of  the  tribal  government, 
deeds  of  conveyance  shall  issue  to  owners  of  lots  as  herein 
provided  for  allottees;  and  all  lots  remaining  unsold  at  that 
time  may  be  sold  in  such  manner  as  may  be  prescribed  by 
the  Secretary  of  the  Interior. 

Five  hundred  thousand  dollars  ($500,000)  of  the  funds  be- 
longing to  the  Seminoles,  now  held  by  the  United  States, 
shall  be  set  apart  as  a  permanent  school  fund  for  the  educa- 
tion of  children  of  the  members  of  said  tribe,  and  shall  be  held 
by  the  United  States  at  five  per  cent  interest,  or  invested  so  as 
to  produce  such  amount  of  interest,  which  shall  be,  after  ex- 
tinguishment of  tribal  government,  applied  by  the  Secretary  of 
the  Interior  to  the  support  of  Mekasuky  and  Emahaka 
academies  and  the  district  schools  of  the  Seminole  people ; 
and  there  shall  be  selected  and  excepted  from  allotment  three 
hundred  and  twenty  acres  of  land  for  each  of  said  academies 
and  eighty  acres  each  for  eight  district  schools  in  the  Seminole 
country. 

There  shall  also  be  excepted  from  allotment  one-half  acre 
for  the  use  and  occupancy  of  each  of  twenty-four  churches, 
including  those  already  existing  and  such  others  as  may  here- 
after be  established  in  the  Seminole  country,  by  and  with  con- 
sent of  the  general  council  of  the  nation  ;  but  should  any  part 
of  same,  at  any  time,  cease  to  be  used  for  church  purposes, 
such  part  shall  at  once  revert  to  the  Seminole  people  and  be 
added  to  the  lands  set  apart  for  the  use  of  said  district  schools. 


Seminole  Agreement  1897.  147 

One  acre  in  each  township  shall  be  excepted  from  allotment 
and  the  same  may  be  purchased  by  the  United  States,  upon 
which  to  establish  schools  for  the  education  of  children  of 
noncitizens  when  deemed  expedient. 

When  the  tribal  government  shall  cease  to  exist  the  prin- 
cipal chief  last  elected  by  said  tribe  shall  execute,  under  his 
hand  and  the  seal  of  the  nation,  and  deliver  to  each  allottee  a 
deed  conveying  to  him  all  the  right,  title,  and  interest  of  the 
said  nation  and. the  members  thereof  in  and  to  the  lands  so  al- 
lotted to  him,  and  the  Secretary  of  the  Interior  shall  approve 
such  deed,  and  the  same  shall  thereupon  operate  as  relinquish- 
ment of  the  right,  title,  and  interest  of  the  United  States  in  and 
to  the  land  embraced  in  said  conveyance,  and  as  a  guarantee  by 
the  United  States  of  the  title  of  said  lands  to  the  allottee; 
and  the  acceptance  of  such  deed  by  the  allottee  shall  be  a  re- 
linquishment of  his  title  to  and  interest  in  all  other  lands  be- 
longing to  the  tribe,  except  such  as  may  have  been  excepted 
from  allotment  and  held  in  common  for  other  purposes.  Each 
allottee  shall  designate  one  tract  of  forty  acres,  which  shall, 
by  the  terms  of  the  deed,  be  made  inalienable  and  nontaxable 
as  a  homestead  in  perpetuity. 

All  moneys  belonging  to  the  Seminoles  remaining  after 
equalizing  the  value  of  allotments  as  herein  provided  and  re 
serving  said  sum  of  five  hundred  thousand  dollars  for  school 
fund  shall  be  paid  per  capita  to  the  members  of  said  tribe  in 
three  equal  installments,  the  first  to  be  made  as  soon  as  con- 
venient after  allotment  and  extinguishment  of  tribal  govern- 
ment, and  the  others  at  one  and  two  years,  respectively.  Such 
payments  shall  be  made  by  a  person  appointed  by  the  Secre- 
tary of  the  Interior,  who  shall  prescribe  the  amount  of  and 
approve  the  bond  to  be  given  by  such  person  ;  and  strict  ac- 
count shall  be  given  to  the  Secretary  of  the  Interior  for  such 
disbursements. 

The  loyal  Seminole  claim  shall  be  submitted  to  the  United 
States  Senate,  which  shall  make  final  determination  of  same, 
and,  if  sustained,  shall  provide  for  payment  thereof  within  two 
years  from  date  hereof. 


148  Seminole  Agreement  1897. 

There  shall  hereafter  be  held  at  the  town  of  Wewoka,  the 
present  capital  of  the  Seminole  Nation,  regular  terms  of  the 
United  States  court,  as  at  other  points  in  the  judicial  district 
of  which  the  Seminole  Nation  is  a  part. 

The  United  States  agrees  to  maintain  strict  laws  in  the  Sem- 
inole country  against  the  introduction,  sale,  barter,  or  giving 
away  of  intoxicants  of  any  kind  or  quality. 

This  agreement  shall  in  no  wise  affect  the  provisions  of  ex- 
isting treaties  between  the  Seminole  Nation  and  the  United 
States,  except  in  so  far  as  it  is  inconsistent  therewith. 

The  United  States  courts  now  existing,  or  that  may  here- 
after be  created,  in  Indian  Territory  shall  have  exclusive  ju- 
risdiction of  all  controversies  growing  out  of  the  title,  owner- 
ship, occupation,  or  use  of  real  estate  owned  by  the  Seminoles, 
and  to  try  all  persons  charged  with  homicide,  embezzlement, 
bribery,  and  embracery  hereafter  committed  in  the  Seminole 
country,  without  reference  to  race  or  citizenship  of  the  persons 
charged  with  such  crime ;  and  any  citizen  or  officer  of  said  na- 
tion charged  with  any  such  crime,  if  convicted,  shall  be  pun- 
ished as  if  he  were  a  citizen  or  officer  of  the  United  States, 
and  the  courts  of  said  nation  shall  retain  all  the  jurisdiction 
which  they  now  have,  except  as  herein  transferred  to  the 
courts  of  the  United  States. 

When  this  agreement  is  ratified  by  the  Seminole  Nation  and 
the  United  States,  the  same  shall  serve  to  repeal  all  the  pro- 
visions of  the  act  of  Congress  approved  June  seventh,  eighteen 
hundred  and  ninety-seven,  in  any  manner  affecting  the  proceed- 
ings of  the  general  council  of  the  Seminole  Nation. 

It  being  known  that  the  Seminole  Reservation  is  insufficient 
for  allotments  for  the  use  of  the  Seminole  people,  upon 
which  they,  as  citizens,  holding  in  severalty,  may  reasonablv 
and  adequately  maintain  their  families,  the  United  States  will 
make  effort  to  purchase  from  the  Creek  Nation,  at  one  dol- 
lar and  twenty-five  cents  per  acre,  two  hundred  thousand 
acres  of  land,  immediately  adjoining  the  eastern  boundary  of 
the  Seminole  Reservation  and  lying  between  the  North  Fork 


Seminole  Agreement  1897.  149 

and  South  Fork  of  the  Canadian  River,  in  trust  for  and  to 
be  conveyed  by  proper  patent  by  the  United  States  to  the 
Seminole  Indians,  upon  said  sum  of  one  dollar  and  twenty-five 
cents  per  acre  being  reimbursed  to  the  United  States  by  said 
Seminole  Indians ;  the  same  to  be  alloted  as  herein  provided 
for  lands  now  owned  by  the  Seminoles. 

This  agreement  shall  be  binding  on  the  United  States  when 
ratified  by  Congress  and  on  the  Seminole  people  when  ratified 
by  the  general  council  of  the  Seminole  Nation. 

In  witness  whereof  the  said  commissioners  have  hereunto 
affixed  their  names  at  Muskogee,  Indian  Territory,  this  six- 
teenth day  of  December,  A.  D1.  1897. 
Therefore, 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  same 
be,  and  is  hereby,  ratified  and  confirmed,  and  all  laws  and 
parts  of  laws  inconsistent  therewith  are  hereby  repealed. 

Godrey  v.  Iowa  Land  &  Trust  Co.,  21  Okla.  293,  95  Pac.  792. 
Stout  v.  Simpson,  124  Pac.  754. 
.   U.  S.  Express  Co.  v.  Friedman,   191  Fed.  673. 
The  30,000  Land  Suits,  199  Fed.  811. 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286,  55  L.  Ed.  738. 
Goat  v.  U.  S.,  224  U.  S.  458,  56  L.  Ed.  841. 
Deming  Investment  Co.  v.  U.  S.,  224  U.  S.  471,  56  L.  Ed.  847. 
In  re  Webb,  225  U.  S.  663,  56  L.  Ed.  1248. 


150  Seminole  Agreement  1899. 

SEMINOLE  AGREEMENT. 

Ratified  by  Act  of  Congress,  Approved  June  2,   1900. 

(31  Stat.  L.  250.) 

AN  ACT  TO  RATIFY  AN  AGREEMENT  BETWEEN  THE 

COMMISSION  TO  THE  FIVE  CIVILIZED  TRIBES  AND  THE 

SEMINOLE   TRIBE   OF  INDIANS. 

Enrollment  of  Citizens — Descent. 

Whereas  an  agreement  was  made  by  Henry  L.  Dawes, 
Tarns  Bixby,  Archibald  S.  McKennon,  and  Thomas  B.  Needles, 
the  commission  of  the  United  States  to  the  Five  Civilized 
Tribes,  and  John  F.  Brown  and  K.  N.  Kinkehee,  commissioners 
on  the  part  of  the  Seminole  tribe  of  Indians,  on  the  seventh 
day  of  October,  eighteen  hundred  and  ninety-nine,  as  follows : 

"This  agreement  by  and  between  the  Government  of  the 
United  States  of  the  first  part,  entered  into  in  its  behalf  by 
the  Commission  to  the  Five  Civilized  Tribes,  Henry  L. 
Dawes,  Tarns  Bixby,  Archibald  S.  McKennon,  and 
Thomas  B.  Needles,  duly  appointed  and  authorized  there- 
unto, and  the  Seminole  tribe  of  Indians,  in  Indian  Ter- 
ritory, of  the  second  part,  entered  into  in  behalf  of  said 
tribe  by  John  F.  Brown  and  K.  N.  Kinkehee,  commis- 
sioners duly  appointed  and  authorized  thereunto,  wit- 
nesseth : 

"First.  That  the  Commission  to  the  Five  Civilized  Tribes, 
in  making  the  rolls  of  Seminole  citizens,  pursuant  to  the  Act  of 
Congress  approved  June  twenty-eight,  eighteen  hundred  and 
ninety-eight,  shall  place  on  said  rolls  the  names  of  all  chil- 
dren born  to  Seminole  citizens  up  to  and  including  the  thirty- 
first  day  of  December,  eighteen  hundred  and  ninety-nine,  and 
the  names  of  all  Seminole  citizens  then  living;  and  the  rolls 
so  made,  when  approved  by  the  Secretary  of  the  Interior, 
as  provided  by  said  Act  of  Congress,  shall  constitute  the  final 
rools  of  Seminole  citizens,  upon  which  the  allotment  of  lands 


Seminole  Agreement  1899.  151 

and   distribution  of  money   and   other   property  belonging  to 
the  Seminole  Indians  shall  be  made,  and  to  no  other  persons. 

Brunei-  v.   Sanders,  2G  Okla.  673,   110   Pac.   730. 

"Second.  If  any  member  of  the  Seminole  tribe  of  Indians 
shall  die  after  the  thirty-first  day  of  December,  eighteen  hun- 
dred, and  ninety-nine,  the  lands,  money,  and  other  property 
to  which  he  would  be  entitled  if  living,  shall  descend  to  his 
heirs  who  are  Seminole  citizens,  according  to  the  laws  of  de- 
scent and  distribution  of  the  State  of  Arkansas,  and  be  allotted 
and  distributed  to  them  accordingly :  Provided,  That  in  all 
cases  where  such  property  would  descend  to  the  parents  under 
said  laws  the  same  shall  first  go  to  the  mother  instead  of  the 
father,  and  then  to  the  brothers  and  sisters,  and  their  heirs, 
instead  of  the  father. 

Brunei-  v.  Sanders,  2G  Okla.  673,  110  Pac.  730. 

Stout  v.  Simpson,  124  Pac.  754. 

Heliker-Jarvis  Seminole  Co.  v.  Lincoln,  126  Pac.  723,  33  Okla.  425. 

'Third.  This  agreement  to  be  ratified  by  the  general  coun- 
cil of  the  Seminole  Nation  and  by  the  Congress  of  the  United 
States. 

"In  witness  whereof  the  said  commissioners  hereunto  affix 
their  names,  at  Muskogee,  Indian  Territory,  this  seventh  day 
of  October,  eighteen  hundred  and  ninety-nine. 

(SIGNATURES)" 
Therefore, 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  same 
be  and  is  hereby  ratified  and  confirmed,  and  all  laws  and  parts 
of  laws  inconsistent  therewith  are  hereby  repealed. 


152  Choctaw-Chickasaw  Treaty. 

SUPPLEMENTAL  CHOCTAW  AND  CHICKASAW  TREATY. 

Approved  by  Act  of  Congress  July  1,  1902. 

Ratified  by  the  Choctaw  and  Chickasaw  Nations,  and  Became  Effective 
September  25,  1902. 

(32  Stat.  L.  641.) 

AN  ACT  TO  RATIFY  AND  CONFIRM  AN  AGREEMENT 

WITH  THE  CHOCTAW  AND  CHICKASAW  TRIBES  OF 

INDIANS,  AND  FOR  OTHER  PURPOSES. 

Preamble. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  fol- 
lowing agreement,  made  by  the  Commission  to  the  Five 
Civilized  Tribes  with  the  commissions  representing  the  Choctaw 
and  Chickasaw  tribes  of  Indians  on  the  twenty-first  day  of 
March,  nineteen  hundred  and  two,  be,  and  the  same  is  here- 
by, ratified  and  confirmed,  to-wit : 

AGREEMENT  BETWEEN  THE  UNITED  STATES 
AND  THE  CHOCTAWS  AND  CHICKASAWS. 

This  agreement,  by  and  between  the  United  States,  entered 
into  in  its  behalf  by  Henry  L.  Dawes,  Tarns  Bixby,  Thomas 
B.  Needles,  and  Clifton  R.  Breckinridge,  commissioners  duly 
appointed  and  authorized  thereunto,  and  the  Choctaw  and 
Chickasaw  tribes  of  Indians  in  Indian  Territory,  respectively, 
entered  into  in  behalf  of  such  Choctaw  and  Chickasaw  tribes  by 
Gilbert  W.  Dukes,  Green  McCurtain,  Thomas  E.  Sanguin,  and 
Simon  E.  Lewis  in  behalf  of  the  Choctaw  tribe  of  Indians ;  and 
Douglas  H.  Johnston,  Calvin  J.  Grant,  Holmes  Willis,  Edward 
B.  Johnson,  and  Benjamine  H.  Colbert  in  behalf  of  the  Chick- 
asaw tribe  of  Indians,  commissioners  duly  appointed  and  au- 
thorized thereunto. 

Witnesseth  that,  in  consideration  of  the  mutual  undertakings 
herein  contained,  it  is  agreed  as  follows : 


Choctaw-Chickasaw  Treaty.  153 

definitions. 

1.  Wherever  used  in  this  agreement  the  words  "nations" 
and  "tribes"  shall  each  be  held  to  mean  the  Choctaw  and 
Chickasaw  nations  or  tribes  of  Indians  in  Indian  Ter- 
ritory. 

Definitions. 

2.  The  words  "chief  executives"  shall  be  held  to  mean  the 
principal  chief  of  the  Choctaw  Nation  and  the  governor  of 
the  Chickasaw  Nation. 

Definitions. 

3.  The  words  "member"  or  members"  and  "citizen"  or 
"citizens"  shall  be  held  to  mean  members  or  citizens  of  the 
Choctaw  or  Chickasaw  tribe  of  Indians  in  Indian  Territory, 
not  including  freedman. 

Frame  v.  Bivens,  189  Fed.  785. 

United  States  v.  Dowden,  194  Fed.  475. 

Definitions. 

4.  The  term  "Atoka  agreement"  shall  be  held  to  mean  the 
agreement  made  by  the  Commission  to  the  Five  Civilized 
Tribes  with  the  commissioners  representing  the  Choctaw  and 
Chickasaw  tribes  of  Indians  at  Atoka,  Indian  Territory,  and 
embodied  in  the  act  of  Congress  approved  June  twenty- 
eighth,  eighteen  hundred  and  ninety-eight.   (30  Stat.,  495). 

Definitions. 

5.  The  word  "minor"  shall  be  held  to  mean  males  under 
the  age  of  twenty-one  years  and  females  under  the  age  of 
eighteen  years. 

Definitions. 

6.  The  word  "select"  and  its  various  modifications,  as  ap- 
plied to  allotments  and  homesteads,  shall  be  held  to  mean  the 
formal  application  at  the  land  office,  to  be  established  by  the 
Commission  to  the  Five  Civilized  Tribes  for  the  Choctaw  and 
Chickasaw  nations,  for  particular  tracts  of  land. 


154  Choctaw-Chickasaw  Treaty. 

Definition  of  Terms. 

7.  Every  word  in  this  agreement  importing  the  masculine 
gender  may  extend  and  be  applied  to  females  as  well  as  males, 
and  the  use  of  the  plural  may  include  also  the  singular,  and 
vice  versa. 

Definition  of  Terms. 

8.  The  terms  "allotable  lands"  or  "lands  allottable"  shall 
be  deemed  to  mean  all  the  lands  of  the  Choctaw  and  Chicka- 
saw tribes  not  herein  reserved  from  allotment. 

APPRAISEMENT  OF  LANDS. 

Appraisement  of  Lands. 

9.  All  lands  belonging  to  the  Choctaw  and  Chickasaw 
tribes  in  the  Indian  Territory,  except  such  as  are  herein  re- 
served from  allotment,  shall  be  appraised  at  their  true  value: 
Provided,  That  in  determining  such  value  consideration  shall 
not  be  given  to  the  location  thereof,  to  any  mineral  deposits, 
or  to  any  timber  except  such  pine  timber  as  may  have  been 
heretofore  estimated  by  the  Commission  to  the  Five  Civilized 
Tribes,  and  without  reference  to  improvements  which  may  be 
located  thereon. 

Appraisement  of  Lands. 

10.  The  appraisement  as  herein  provided  shall  be  made  by 
the  Commission  to  the  Five  Civilized  Tribes,  and  the  Choctaw 
and  Chickasaw  tribes  shall  each  have  a  representative,  to  be  ap- 
pointed by  the  respective  executives,  to  cooperate  with  the  said 
Commission. 

ALLOTMENT    OF    LANDS. 

Allotment  of  Lands. — Legal  Subdivisions. 

11.  There  shall  be  allotted  to  each  member  of  the  Choctaw 
and  Chickasaw  tribes,  as  soon  as  practicable  after  the  approval 
by  the  Secretary  of  the  Interior  of  his  enrollment  as  herein 
provided,  land  equal  in  value  to  three  hundred  and  twenty 
acres  of  the  average  allotable  land  of  the  Choctaw  and  Chicka- 


Choctaw-Chickasaw  Treaty.  155 

saw  nations,  and  to  each  Choctaw  and  Chickasaw  freedman,  as 
soon  as  practicable  after  the  approval  by  the  Secretary  of  the 
Interior  of  his  enrollment,  land  equal  in  value  to  forty  acres  of 
the  average  allotable  land  of  the  Choctaw  and  Chickasaw  na- 
tions; to  conform,  as  nearly  as  may  be,  to  the  areas  and 
boundaries  established  by  the  Government  survey,  which  land 
may  be  selected  by  each  allottee  so  as  to  include  his  improve- 
ments. For  the  purpose  of  making  allotments  and  designating 
homesteads  hereunder,  the  forty-acre  or  quarter-quarter  sub- 
divisions, established  by  the  Government  survey  may  be  dealt 
with  as  if  further  subdivided  into  four  equal  parts  in  the  usual 
manner,  thus  making  the  smallest  legal  division  ten  acres,  or 
a  quarter  of  .a  quarter  of  a  quarter  of  a  section. 

Scroggins  v.  Oliver,  7  I.  T.  740,  104  S.  W.   1161. 

Hancock  v.  Mutual  Trust  Co.,  24  Okla.  391,  103  Pac.  506. 

Sorrels  v.  Jones,  26  Okla.  569,  110  Pac.  743. 

In  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 

United  States  v.  Dowden,  194  Fed.  475. 

Choate  v.  Trapp,  224  U.  S.  665,  56  L.  Ed.  941. 

Homesteads — Restrictions  on  Alienation. 

12.  Each  member  of  said  tribes  shall,  at  the  time  of  the 
selection  of  his  allotment,  designate  as  a  homestead  out  of  said 
allotment  land  equal  in  value  to  one  hundred  and  sixty  acres 
of  the  average  allotable  land  of  the  Choctaw  and  Chickasaw 
nations,  as  nearly  as  may  be,  which  shall  be  inalienable  dur- 
ing the  lifetime  of  the  allottee,  not  exceeding  twenty-one  years 
from  the  date  of  certificate  of  allotment,  and  separate  certifi- 
cate and  patent  shall  issue  for  said  homestead. 

Hayes  v.  Barringer,  7  I.  T.  697,  104  S.  W.  937,  168  Fed.  221. 

Hancock  v.  Mutual  Trust  Co.,  24  Okla,  391,  103  Pac.  566. 

Keel  v.  Tngersol,  27  Okla.  117,  111  Pac.  214. 

Redwine  v.  Ansley,  32  Okla.  317,  122  Pac.  679. 

Stout  v.   Simpson,   124  Pac.   754. 

Taylor  v.  Parker,  126  Pac.  573,  33  Okla.   199. 

Rentie  v.  McCoy,  128  Pac.  244. 

United  States  v.  Allen,  171  Fed.  907,  179  Fed.  13. 


156  Choctaw-Chickasaw  Treaty. 

United  States  v.  Dowden,  194  Fed.  475. 

Keed  v.  Welty,  197  Fed.  419. 

The  30,000  Land  Suits,  199  Fed.  811. 

Mullen  v.  U.  S.,  224  U.  S.  448,  56  L.  Ed.  834. 

Choate  v.  Teapp,  224  U.  S.  GG5,  56  L.  Ed.  941. 

Allotments  to  Freedmen — Restrictions  Upon  Alienation. 

13.  The  allotment  of  each  Choctaw  and  Chickasaw  freed- 
man  shall  be  inalienable  during  the  lifetime  of  the  allottee, 
not  exceeding  twenty-one  years  from  the  date  of  certificate  of 
allotment. 

Hancock  v.  Mutual  Trust  Co.,  24  Okla.  391,  103  Pac.  566. 

United  States  v.  Allen,  171  Fed.  907,  179  Fed.  13. 

United  States  v.  Dowden,  194  Fed.  475. 

Reed  v.  Welty,   197   Fed.  419. 

The  30,000  Land  Suits,  199  Fed.  811. 

Mullen  v.  U.  S.,  224  U.  S.  448,  56  L.  Ed.  834. 

Choate  v.  Trapp,  224  U.  S.  665,  56  L.  Ed.  941. 

Sale  of  Unallotted  Lands. 

14.  When  allotments  as  herein  provided  have  been  made  to 
all  citizens  and  freedmen,  the  residue  of  lands  not  herein  re- 
served or  otherwise  disposed  of,  if  any  there  be,  shall  be  sold 
at  public  auction  under  rules  and  regulations  and  on  terms  to 
be  prescribed  by  the  Secretary  of  the  Interior,  and  so  much  of 
the  proceeds  as  may  be  necessary  for  equalizing  allotments  shall 
be  used  for  that  purpose,  and  the  balance  shall  be  paid  into 
the  Treasury  of  the  United  States  to  the  credit  of  the  Choctaws 
and  Chickasaws  and  distributed  per  capita  as  other  funds  of 
the  tribes. 

Hancock  v.  Mutual  Trust  Co.,  24  Okla.  391,  103  Pac.  566. 
United   States  v.  Dowden,   194   Fed.   475. 

Allotted  Lands — Restrictions  Upon  Alienation. 

15.  Lands  allotted  to  members  and  freedmen  shall  not  be 
affected  or  encumbered  by  any  deed,  debt,  or  obligation  of  any 
character   contracted   prior   to   the    time    at    which    said    land 


Choctaw-Chickasaw  Treaty.  157 

may  be  alienated  under  this  act,  nor  shall  said  lands  be  sold  ex- 
cept as  herein  provided. 

Kelly  v.  Harper,  7  I.  T.  541,  104  S.  W.  829. 

Sayer  v.  Brown,  7  I.  T.  675,  104  S.  W.  877. 

Hayes  v.  Barringer,  7  I.  T.  697,  104  S.  W.  937,  168  Fed.  221. 

Lewis  v.  Clements,  21  Okla.   167,  95  Pac.  769. 

Hancock  v.  Mutual  Trust  Co.,  24  Okla.  391,  103  Pac.  566. 

Keel  v.  Ingersol,  27  Okla.  117,  111  Pac.  214. 

Simmons  v.  Whittington,   27   Okla.  356,   112   Pac.    1018. 

Howard  v.  Farrar,  28  Okla.  490,   114  Pac.   695. 

In  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 

Williams  v.  Johnson,  32  Okla.  247,  122  Pac.  485. 

Simmons  v.  Mullen,  122  Pac.  518,  33  Okla.  184. 

Rogers  v.  Noel,  124  Pac.  976. 

Taylor  v.  Parker,  126  Pac.  573,  33  Okla.   199. 

Redwine  v.  Ansley,  32  Okla.  317,  122  Pac.  679. 

United  States  v.  Allen,  171  Fed.  907,  179  Fed.  13. 

Bettes  v.  Brower,  184  Fed.  342. 

Frame  v.  Bivens,   189  Fed.  785. 

United  States  v.  Dowden,  194  Fed.  475. 

Eeed  v.  Welty,  197  Fed.  419. 

Taylor  v.  Anderson,   197  Fed.  3S3. 

The  30,000  Land  Suits,  199  Fed.  811. 

Mullen  v.  U.  S.,  224  U.  S.  448,  56  L.  Ed.  834. 

Clioate  v.  Trapp,  224  U.  S.  665,  50  L.  Ed.  941. 

Surplus  Allotments — Restrictions  Upon  Alienation. 

16.  All  lands  allotted  to  the  members  of  said  tribes,  ex- 
cept such  land  as  is  set  aside  to  each  for  a  homestead  as  here- 
in provided,  shall  be  alienable  after  issuance  of  patent  as  fol- 
lows :  One  fourth  in  acreage  in  one  year,  one-fourth  in 
acreage  in  three  years,  and  the  balance  in  five  years ;  in  each 
case  from  date  of  patent :  Provided,  That  such  land  shall  not 
be  alienable  by  the  allottee  or  his  heirs  at  any  time  before  the 
expiration  of  the  Choctaw  and  Chickasaw  tribal  governments 
for  less  than  its  appraised  value. 

Hayes  v.  Barringer,  7  I.  T.  697,  104  S.  W.  937,  168  Fed.  221. 
Hancock  v.  Mutual  Trust  Co.,  24  Okla.  391,  103  Pac.  566. 
Williams  v.  Johnson,  32  Okla.  247,  122  Pac.  485. 
Redwine  v.  Ansley,  32  Okla.  317,  122  Pac.  679. 


158  Choctaw-Chickasaw  Treaty. 

Rogers  v.  Noel,  124  Pac.  976. 

Taylor  v.  Parker,  120  Pac.  573,  33  Okla.   190. 

United  States  v.  Allen.  171  Fed.  007,  170  Fed.  13. 

Frame  v.  Bivens,  180  Fed.  785. 

United  States  v.  Dowden.  104  Fed.  475. 

Taylor  v.   Anderson,   107   Fed.   383. 

Peed  v.  Welty,  107  Fed.  419. 

The  30,000  Land  Suits,  109  Fed.  811. 

Mullen  v.  U.  S.,  224  U.  S.  448,  56  L.  Ed.  834. 

Choate  v.  Trapp,  224  U.  S.  665,  56  L.  Ed.  941. 

Bledsoe  v.  Wortman,  129  Pac.  841. 

Arbitrary  Allotments  by  Commission. 

17.  If,  for  any  reason,  an  allotment  should  not  be  selected 
or  a  homestead  designated  by  or  on  behalf  of,  any  member  or 
freedman,  it  shall  be  the  duty  of  said  Commission  to  make 
said  selection  and  designation. 

Subdivisions  of  Lands. 

18.  In  the  making  of  allotments  and  in  the  designation  of 
homesteads  for  members  of  said  tribes,  under  the  provisions 
of  this  agreement,  said  Commssion  shall  not  be  required  to 
divide  lands  into  tracts  of  less  than  the  smallest  legal  subdi- 
vision provided  for  in  paragraph  eleven  hereof. 

Excessive  Holdings  Prohibited — Penalty  for. 

19.  It  shall  be  unlawful  after  ninety  days  after  the  date 
of  the  final  ratification  of  this  agreement  for  any  member  of 
the  Choctaw  or  Chickasaw  tribes  to  enclose  or  hold  possession 
of  in  any  manner,  by  himself  or  through  another,  directly  or 
indirectly,  more  lands  in  value  than  that  of  three  hundred  and 
twenty  acres  of  average  allotable  lands  of  the  Choctaw  and 
Chickasaw  nations,  as  provided  by  the  terms  of  this  agreement, 
either  for  himself  or  for  his  wife,  or  for  each  of  his  minor 
children,  if  members  of  said  tribes;  and  any  member  of  said 
tribes  found  in  such  possession  of  lands,  or  having  the  same 
in  any  manner  enclosed  after  the  expiration  of  ninety  days 
after  the  date  of  the  final  ratification  of  this  agreement,  shall 
be  deemed  guilty  of  a  misdemeanor. 


Choctaw-Chickasaw  Treaty.  159 

Gooding  v.  Watkins,  5  I.  T.  578,  82  S.  W.  913. 

McLaughlin  v.  Ardmove  Loan  &   Tru*t  Co.,  21   Okla.   173,   95  Pac. 

779. 
Combs  v.  Miller,  24  Okla.  576,  103  Pac.  590. 
Cornelius  v.  Murray.  31  Okla.  174,  120  Pac.  653. 

Excessive  Holding's  by  Freedmen — Penalty  for. 

20.  It  shall  be  unlawful  after  ninety  days  after  the  date 
of  the  final  ratification  of  this  agreement  for  any  Choctavv  or 
Chickasaw  freedman  to  enclose  or  hold  possession  of  in  any 
manner,  by  himself  or  through  another,  directly  on  indirectly, 
more  than  so  much  land  as  shall  be  equal  in  value  to  fortv 
acres  of  the  average  allotable  lands  of  the  Choctaw  and 
Chickasaw  tribes  as  provided  by  the  terms  of  this  agreement, 
either  for  himself  or  for  his  wife,  or  for  each  of  his  minor 
children,  if  they  be  Choctaw  or  Chickasaw  freedmen ;  and  any 
freedmen  found  in  such  possession  of  lands,  or  having  the 
same  in  any  manner  enclosed  after  the  expiration  of  ninety 
days  after  the  date  of  the  final  ratification  of  this  agreement, 
shall  be  deemed  guilty  of  a  misdemeanor. 

Excessive  Holdings — Punishment  for. 

21.  Any  person  convicted  of  violating  any  of  the  provisions 
of  sections  19  and  20  of  this  agreement  shall  be  punished  by  a 
fine  not  less  than  one  hundred  dollars,  and  shall  stand  com- 
mitted until  such  fine  and  costs  are  paid  (such  commitment 
not  to  exceed  one  day  for  every  two  dollars  of  said  fine  and 
costs),  and  shall  forfeit  possession  of  any  property  in  question, 
and  each  day  on  which  such  offense  is  committed  or  continues 
to  exist,  shall  be  deemed  a  separate  offense.  And  the  United 
States  district  attorneys  for  the  districts  in  which  said  na- 
tions are  situated,  are  required  to  see  that  the  provisions  of 
said  sections  are  strictly  enforced,  and  they  shall  immediately 
after  the  expiration  of  ninety  days  after  the  date  of  the  final 
ratification  of  this  agreement  proceed  to  dispossess  all  persons 
of  such  excessive  holdings  of  lands,  and  to  prosecute  them  for 
so  unlawfully  holding  the  same.     And  the  Commission  to  the 


160  Choctaw-Chickasaw  Treaty. 

Five  Civilized  Tribes  shall  have  authority  to  make  investi- 
gation of  all  violations  of  sections  19  and  20  of  this  agreement, 
and  make  report  thereon  to  the  United  States  district  at- 
torneys. 

Combs  v.  Miller,  24  Okla.  576,  103  Pac.  590. 

Allotments  to  Heirs  of  Deceased  Citizens. 

22.  If  any  person  whose  name  appears  upon  the  rolls, 
prepared  as  herein  provided,  shall  have  died  subsequent  to  the 
ratification  of  this  agreement  and  before  receiving  his  allot- 
ment of  land,  the  lands  to  which  such  person  would  have  been 
entitled  if  living  shall  be  allotted  in  his  name,  and  shall,  together 
with  his  proportionate  share  of  other  tribal  property,  de- 
scend to  his  heirs  according  to  the  laws  of  decent  and  dis- 
tribution as  provided  in  chapter  forty-nine  of  Mansfield's 
Digest  of  the  Statutes  of  Arkansas :  Provided,  That  the  al- 
lotment thus  to  be  made  shall  be  selected  by  a  duly  ap- 
pointed administrator  or  executor.  If,  however,  such  admin- 
istrator or  executor  be  not  duly  and  expeditiously  appointed,  or 
fails  to  act  promptly  when  appointed,  or  for  any  other  cause 
such  selection  be  not  so  made  within  a  reasonable  and  practi- 
cable time,  the  Commission  to  the  Five  Civilized  Tribes  shall 
designate  the  lands  thus  to  be  allotted. 

Hancock  v.  Mutual  Trust  Co.,  24  Okla.  391,  103  Pac.  566. 

Sorrels  v.  Jones,  26  Okla.  569,  110  Pac.  743. 

Bruner  v.  Sanders,  26  Okla.  673,  110  Pac.  730. 

Hotey'abi  v.  Vaughn,  32  Okla.  807,  124  Pac.  63. 

Lynch  v.  Harris,  124  Pac.  50,  33  Okla.  23,  36. 

Stout  v.  Simpson,  124  Pac.  754. 

Eentie  v.  McCoy,  128  Pac.  244. 

Hayes  v.  Barringer,  104  S.  W.  937,  168  Fed.  221. 

United  States  v.  Dowden,  194  Fed.  475. 

Reed  v.  Welty,   197  Fed.  419. 

The  30,000  Land  Suits,  199  Fed.  811. 

Mullen  v.  U.  S.,  224  U.  S.  448,  56  L.  Ed.  834. 

Allotment  Certificates  as  Evidence  of  Title. 

23.     Allotment  certificates  issued  by  the  Commission  to  the 
Five  Civilized  Tribes  shall  be  conclusive  evidence  of  the  right 


Choctaw-Chickasaw  Treaty.  161 

of  any  allottee  to  the  tract  of  land  described  therein ;  and  the 
United  States  Indian  agent  at  the  Union  Agency  shall,  upon 
the  application  of  the  allottee,  place  him  in  possession  of  his 
allotment,  and  shall  remove  therefrom  all  persons  objectionable 
to  such  allottee,  and  the  acts  of  the  Indian  agent  hereunder 
shall  not  be  controlled  by  the  writ  or  process  of  any  court. 

Sorrels  v.  Jones,  26  Okla.  569,  110  Pac.  743. 

Denver  W.  &  M.  Ry.  Co.  v.  Adkinson,  28  Okla.  1,  119  Pac.  247. 

Frame  v.  Bivens,  189  Fed.  785. 

United  States  v.  Dowden,  194  Fed.  475. 

Garfield  v.  Golds  by,  211  U.  S.  249,  52  L.  Ed.  168. 

Ballinger  v.  Frost,  216  U.  S.  240,  54  L.  Ed.  464. 

Jurisdiction  of  Commission. 

24.  Exclusive  jurisdiction  is  hereby  conferred  upon  the 
Commission  to  the  Five  Civilized  Tribes  to  determine,  under 
the  direction  of  the  Secretary  of  the  Interior,  all  matters  re- 
lating to  the  allotment  of  land. 

Gooding  v.  Watkins,  5  I.  T.  578,  82  S.  W.  913. 
Sorrels  v.  Jones,  26  Okla.  569,  110  Pac.  743. 
Bowen  v.  Ledbetter,  32  Okla.  513,  122  Pac.  131. 
Lynch  v.  Harris,  124  Pac.  50,  33  Okla.  23,  36. 
United  States  v.  Dowden,  194  Fed.  475. 
Ballinger  v.  Frost,  216  U.  S.  240,  54  L.  Ed.  464. 

EXCESSIVE     HOLDINGS. 

Excessive  Holdings — Notice — Arbitrary  Allotments. 

25.  After  the  opening  of  a  land  office  for  allotment  purposes 
in  both  the  Choctaw  and  the  Chickasaw  nations  any  citizen  or 
freedman  of  either  of  said  nations  may  appear  before  the  Com- 
mission to  the  Five  Civilized  Tribes  at  the  land  office  in  the 
nation  in  which  his  land  is  located  and  make  application  for 
his  allotment  and  for  allotments  for  members  of  his  family  and 
for  other  persons  for  whom  he  is  lawfully  authorized  to  apply 
for  allotments,  including  homesteads,  and  after  the  expiration 
of  ninety  days  following  the  opening  of  such  land  offices  any 
such  applicant  may  make  allegation  that  the  land  or  any  part 

V  C  T  11 


162  Choctaw-Chickasaw  Treaty. 

of  the  land  that  he  desires  to  have  allotted  is  held  by  another 
citizen  or  person  in  excess  of  the  amount  of  land  to  which  said 
citizen  or  person  is  lawfully  entitled,  and  that  he  desires  to 
have  said  land  allotted  to  him  or  members  of  his  family  as  here- 
in provided  ;  and  thereupon  said  Commission  shall  serve  notice 
upon  the  person  so  alleged  to  be  holding  land  in  excess  of  the 
lawful  amount  to  which  he  may  be  entitled,  said  notice  to  set 
forth  the  facts  alleged  and  the  name  and  post-office  address  of 
the  person  alleging  the  same,  and  the  rights  and  consequences 
herein  provided,  and  the  person  so  alleged  to  be  holding  land 
contrary  to  law  shall  be  allowed  thirty  days  from  the  date  of 
the  service  of  said  notice  in  which  to  appear  at  one  of  said 
land  offices  and  to  select  his  allotment  and  the  allotments  he 
may  be  lawfully  authorized  to  select,  including  homestead; 
and  if  at  the  end  of  the  thirty  days  last  provided  for  the  per- 
son upon  whom  said  notice  has  been  served  has  not  selected 
his  allotment  and  allotments  as  provided,  then  the  Commission 
to  the  Five  Civilized  Tribes  shall  immediately  make  or  re- 
serve said  allotments  for  the  person  or  persons  who  have  failed 
to  act  in  accordance  with  the  notice  aforesaid,  having  due  re- 
gard for  the  best  interest  of  said  allottees ;  and  after  such  al- 
lotments have  been  made  or  reserved  by  said  Commission,  then 
all  other  lands  held  or  claimed,  or  previously  held  or  claimed 
by  said  person  or  persons,  shall  be  deemed  a  part  of  the  pub- 
lic domain  of  the  Choctaw  and  Chickasaw  nations  and  be  sub- 
ject to  disposition  as  such:  Provided,  That  any  persons 
who  have  previously  applied  for  any  part  of  said  lands  shall 
have  a  prior  right  of  allotment  of  the  same  in  the  order  of 
their  applications  and  as  their  lawful  rights  may  appear. 

If  any  citizen  or  freedman  of  the  Choctaw  and  Chickasaw 
nations  shall  not  have  selected  his  allotment  within  twelve 
months  after  the  date  of  the  opening  of  said  land  offices  in  said 
nations,  if  not  herein  otherwise  provided,  and  provided  that 
twelve  months  shall  have  elapsed  from  the  date  of  the  approval 
of  his  enrollment  by  the  Secretary  of  the  Interior,  then  the 
Commission  to  the  Five  Civilized  Tribes  may  immediately  pro- 


Choctaw-Chickasaw  Treaty.  163 

ceed  to  select  an  allotment,  including  a  homestead  for  such  per- 
son, said  allotment  and  homestead  to  he  selected  as  the  Com- 
mission may  deem  for  the  best  interest  of  said  person,  and  the 
same  shall  be  of  the  same  force  and  effect  as  if  such  selection 
had  been  made  by  such  citizen  or  freedman  in  person,  and  all 
lands  held  or  claimed  by  persons  for  whom  allotments  have 
been  selected  by  the  Commission  as  provided,  and  in  excess  of 
the  amount  included  in  said  allotments,  shall"  be  a  part  of  the 
public  domain  of  the  Choctaw  and  Chickasaw  nations  and  be 
subject  to  disposition  as  such. 

Sorrels  v.  Jones,  20  Okla.  569,  110  Pac.  743. 
Cornelius  v.  Murray,  31  Okla.  174,  120  Pae.  653. 

RESERVATIONS. 

Townsites — Coal  and  Asphalt  Lands — Schools. 

26.  The  following  lands  shall  be  reserved  from  the  allot- 
ment of  lands  herein  provided  for: 

(a)  All  lands  set  apart  for  town  sites  either  by  the  terms 
of  the  Atoka  agreement,  the  act  of  Congress  of  May  31,  1900 
(31  Stats..  221),  as  herein  assented  to,  or  by  the  terms  of  this 
agreement. 

(b)  All  lands  to  which,  at  the  date  of  the  final  ratification 
of  this  agreement,  any  railroad  company  may  under  any  treaty 
or  act  of  Congress  have  a  vested  right  for  right  of  way,  depots, 
station  grounds,  water  stations,  stock  yards,  or  similar  uses 
connected  with  the  maintenance  and  operation  of  the  rail- 
road. 

(c)  The  strip  of  land  lying  between  the  city  of  Fort  Smith, 
Arkansas,  and  the  Arkansas  and  Poteau  rivers,  extending  up 
the  said  Poteau  River  to  the  mouth  of  Mill  Creek. 

(d)  All  lands  which  shall  be  segregated  and  reserved  by  the 
Secretary  of  the  Interior  on  account  of  their  coal  or  asphalt 
deposits,  as  hereinafter  provided.  And  the  lands  selected  by 
the  Secretary  of  the  Interior  at  and  in  the  vicinity  of  Sulphur, 
in  the  Chickasaw  Xation,  under  the  cession  of  the  United 
States  hereunder  made  by  said  tribes. 


164  Choctaw-Chickasaw  Treaty. 

(e)  One  hundred  and  sixty  acres  for  Hones'  Academy. 

(f)  One  hundred  and  sixty  acres  for  Tuskahoma  Female 
Seminary. 

(g)  One  hundred  and  sixty  acres  for  Wheelock  Orphan 
Seminary. 

(h)  One  hundred  and  sixty  acres  for  Armstrong  Orphan 
Academy. 

(i)  Five  acres  for  capitol  building  of  the  Choctaw 
Nation. 

(j)      One  hundred  and  sixty  acres  for  Bloomfield  Academy. 

(k)  One  hundred  and  sixty  acres  for  Lebanon  Orphan 
Home. 

(1)      One  hundred  and  sixty  acres  for  Harley  Institute. 

(m)     One  hundred  and  sixty  acres  for  Rock  Academy. 

(n)      One  hundred  and  sixty  acres  for  Collins  Institute. 

(o)  Five  acres  for  the  capitol  building  of  the  Chickasaw 
Nation. 

(p)     Eighty  acres  for  J.  S.  Murrow. 

(q)     Eighty  acres  for  H.  R.  Schermerhorn. 

(r)     Eighty  acres  for  the  widow  of  R.  S.  Bell. 

(s)  A  reasonable  amount  of  land,  to  be  determined  by  the 
town-site  commissioners,  to  include  all  tribal  court-houses  and 
jails  and  other  tribal  public  buildings. 

(t)  Five  acres  for  any  cemetery  located  by  the  town-site 
commissioners  prior  to  the  date  of  the  final  ratification  of  this 
agreement. 

(u)  One  acre  for  any  church  under  the  control  of  and  used 
exclusively  by  the  Choctaw  or  Chickasaw  citizens  at  the  date 
of  the  final  ratification  of  this  agreement. 

(v)  One  acre  each  for  all  Choctaw  or  Chickasaw  schools 
under  the  supervision  of  the  authorities  of  the  Choctaw  or 
Chickasaw  nations  and  officials  of  the  United  States. 

And  the  acre  so  reserved  for  any  church  or  school  in 
any  quarter  section  of  land  shall  be  located  when  practicable 
in  a  corner  of  such  quarter  section  lying  adjacent  to  the  sec- 
tion line  thereof. 


Choctaw-Chickasaw  Treaty.  165 

rolls  of  citizenship. 
Rolls,  of  Citizenship — In  General. 

27.  The  rolls  of  the  Choctaw  and  Chickasaw  citizens  and 
Choctaw  and  Chickasaw  freedmen  shall  be  made  by  the  Com- 
mission to  the  Five  Civilized  Tribes,  in  strict  compliance  with 
the  act  of  Congress  approved  June  28,  1898  (30  Stats.,  495). 
and  the  act  of  Congress  approved  May  31,  1900  (31  Stats., 
221),  except  as  herein  otherwise  provided :  Provided,  That  no 
person  claiming  right  to  enrollment  and  allotment  and  distribu- 
ton  of  tribal  property,  by  virtue  of  a  judgment  of  the  United 
States  court  in  the  Indian  Territory  under  the  act  of  June  10. 
1896  (29  Stats.,  321),  and  which  right  is  contested  by  legal 
proceedings  instituted  under  the  provisions  of  this  agreement, 
shall  be  enrolled  or  receive  allotment  of  lands  or  distribution 
of  tribal  property  until  his  right  thereto  has  been  finally  de- 
termined. 

Hancock  v.  Mutual  Trust  Co.,  24  Okla.  391,  103  Pac.  566. 
Sorrels  v.  Jones,  26  Okla.  569,  110  Pac.  743. 
Fleming  v.  McCurtain,  215  U.  S.  56,  54  L.  Ed.  88. 

Persons  Entitled  to  Enrollment. 

28.  The  names  of  all  persons  living  on  the  date  of  the  final 
ratification  of  this  agreement  entitled  to  be  enrolled  as  provided 
in  section  27  hereof  shall  be  placed  upon  the  rolls  made  by  said 
Commission ;  and  no  child  born  thereafter  to  a  citizen  or  freed- 
man  and  no  person  intermarried  thereafter  to  a  citizen  shall  be 
entitled  to  enrollment  or  to  participate  in  the  distribution  of  the 
tribal  property  of  the  Choctaws  and  Chickasaws. 

Hancock  v.  Mutual  Trust  Co.,  24  Okla.  391,  103  Pac.  566. 

Citizens  of  Other  Tribes — Excluded. 

29.  No  person  whose  name  appears  upon  the  rolls  made  by 
the  Commission  to  the  Five  Civilized  Tribes  as  a  citizen  or 
freedman  of  any  other  tribe  shall  be  enrolled  as  a  citizen  or 
freedman  of  the  Choctaw  or  Chickasaw  nations. 


166  Choctaw-Chickasaw  Treaty. 

Rolls  of  Citizenship — Approval  by  Secretary. 

30.     For  the  purpose  of  expediting  the  enrollment  of  the 
Choctaw  and  Chickasaw  citizens  and  the  Choctaw  and  Chick- 
asaw freedmen,  the  said  Commission  shall,  from  time  to  time, 
and  as  early  as  practicahle,   forward  to  the  Secretary  of  the 
Interior  lists  upon  which  shall  he  placed  names  of  those  per- 
sons found  by  the  Commission  to  be  entitled     to    enrollment. 
The  lists  thus  prepared,  when  approved  by  the  Secretary  of  the 
Interior,  shall  constitute  a  part  and  parcel  of  the  final  rolls 
of  citizens  of  the  Choctaw  and  Chickasaw  tribes  and  of  Choctaw 
and  Chickasaw  freedmen,  upon  which  allotment  of  land  and 
distribution  of  other  tribal  property  shall  be  made  as  here- 
in provided.    Lists  shall  be  made  up  and  forwarded  when  con- 
tests of  whatever  character  shall  have  been  determined,  and 
when  there  shall  have  been  submitted  to  and  approved  by  the 
Secretary  of  the  Interior  lists  embracing  names  of  all  those 
lawfully  entitled  to  enrollment,  the  rolls  shall  be  deemed  com- 
plete.   The  rolls  so  prepared  shall  be  made  in  quintuplicate,  one 
to  be  deposited  with  the  Secretary  of  the  Interior,  one  with 
the  Commissioner  of  Indian  Affairs,   one   with  the  principal 
chief  of  the  Choctaw  Nation,  one  with  the  governor  of  the 
Chickasaw  Nation,  and  one  to  remain  with  the  Commission  to 
the  Five  Civilized  Tribes. 

United  States  v.  Dowden,  194  Fed.  475. 
Garfield  v.  Goldsly,  211  U.  S.  249,  52  L.  Ed.  1C8. 

Citizenship  Court — Creation  of: 

31.  It  being  claimed  and  insisted  by  the  Choctaw  and  Chick- 
asaw nations  that  the  United  States  courts  in  the  Indian  Ter- 
ritory, acting  under  the  act  of  Congress  approved  June  10,  1896, 
have  admitted  persons  to  citizenship  or  to  enrollment  as  such 
citizens  in  the  Choctaw  and  Chickasaw  nations,  respectively, 
without  notice  of  the  proceedings  in  such  courts  being  given  to 
each  of  said  nations ;  and  it  being  insisted  by  said  nations  that, 
in  such  proceedings,  notice  to  each  of  said  nations  was  indis- 
pensable,  and   it  being  claimed  and  insisted  by  said  nations 


Choctaw-Chickasaw  Treaty.  167 

that  the  proceedings  in  the  United  States  courts  in  the  Indian 
Territory,  under  the  said  act  of  June   10,   1896,  should  have 
been  confined  to  a  review  of  the  action  of  the  Commission  to 
the  Five  Civilized  Tribes,  upon  the  papers  and  evidence  sub- 
mitted  to   such   Commission,   and   should   not   have   extended 
to  a  trial  de  novo  of  the  question  of  citizenship ;  and  it  being 
desirable  to  finally  determine  these  question,  the  two  nations, 
jointly,  or  either  of  said  nations  acting  separately  and  making 
the  other  a  party  defendant,  may,  within  ninety  days  after  this 
agreement  becomes  effective,  by  a  bill   in  equity  filed  in  the 
Choctaw  or  Chickasaw  citizenship    court    hereinafter    named, 
seek  the  annulment  and  vacation  of  all  such  decisions  by  said 
courts.     Ten  persons  so  admitted  to  citizenship  or  enrollment 
by  said  courts,  with  notice  to  one,  but  not  to  both  of  said 
nations,  shall  be  made  defendants  to  said  suit  as  representatives 
of  the  entire  class  of  persons  similarly  situated,  the  number  of 
such  persons  being  too  numerous  to   require  all   of  them  to 
be  made  individual  parties  to  the  suit ;  but  any  person  so  situated 
may,    upon    his    application,   be    made    a    party    defendant    to 
the  suit.    Notice  of  the  institution  of  said  suit  shall  be  personal- 
ly served  upon  the  chief  executive  of  the  defendant  nation,  if 
either  nation  be  made  a  party  defendant  as  aforesaid,  and  up- 
on each  of  said  ten  representative  defendants,  and  shall  also 
be  published  for  a  period  of  four  weeks  in  at  least  two  weekly 
newspapers    having   general    circulation    in    the    Choctaw    and 
Chickasaw  nations.     Such  notice  shall  set  forth  the  nature  and 
praver  of  the  bill,  with  the  time  for  answering  the  same,  which 
shall  not  be  less  than  thirty  clays  after  the  last     publication. 
Said  suit  shall  be  determined  at  the  earliest  practicable  time, 
shall  be  confined  to  a  final  determination  of  the  questions  of 
'law  here  named,  and  shall  be  without  prejudice  to  the  determi- 
nation of  any  charge  or  claim  that  the  admission  of  such  per- 
sons to  citizenship  or  enrollment  by  said  United  States  courts 
in  the  Indian  Territory  was  wrongfully  obtained  as  provided 
in  the  next  section.     In  the  event  said  citizenship  judgments 
or  decisions  are  annulled  or  vacated  in  the  test  suit  hereinbe- 


1 68  Choctaw-Chickasaw  Treaty. 

fore  authorized,  because  of  either  or  both  of  the  irregularities 
claimed  and  insisted  upon  by  said  nations  as  aforesaid,  then, 
the  files,  papers,  and  proceedings  in  any  citizenship  case  in 
which  the  judgment  or  decision  is  so  annulled  or  vacated,  shall, 
upon  written  application  therefor,  made  within  ninety  days 
thereafter  by  any  party  thereto,  who  is  thus  deprived  of  a 
favorable  judgment  upon  his  claimed  citizenship,  be  trans- 
ferred and  certified  to  said  citizenship  court  by  the  Court  hav- 
ing custody  and  control  of  such  files,  papers,  and  proceedings, 
and,  upon  the  filing  in  such  citizenship  court  of  the  files,  papers 
and  proceedings  in  any  such  citizenship  case,  accompanied  by 
due  proof  that  notice  in  writing  of  the  transfer  and  certification 
thereof  has  been  given  to  the  chief  executive  officer  of  each  of 
said  nations,  said  citizenship  case  shall  be  docketed  in  said 
citizenship  court,  and  such  further  proceedings  shall  be  had 
therein  in  that  court  as  ought  to  have  been  had  in  the  court  to 
which  the  same  was  taken  on  appeal  from  the  Commission  to 
the  Five  Civilized  Tribes,  and  as  if  no  judgment  or  decision  had 
been  rendered  therein. 

Dawes  v.  Cundiff,  5  I.  T.  47,  S2  S.  W.  228. 

Dawes  v.  Benson,  5  I.  T.  50,  82  S.  W.  1141. 

Wallace  v.  Adams,  6  I.  T.  32,  88  S.  W.  308,  143  Fed.  716. 

Garfield  v.  Goldsly,  211  U.  S.  249,  52  L.  Ed.  168. 

Wallace  v.  Adams,  204  U.  S.  420,  51  L.  Ed.  547. 

Citizenship  Court — Jurisdiction — Appeals. 

32.  Said  citizenship  court  shall  also  have  appellate  jurisdic- 
tion over  all  judgments  of  the  courts  in  Indian  Territory  ren- 
dered under  said  act  of  Congress  of  June  tenth,  eighteen 
hundred  and  ninety-sex,  admitting  persons  to  citizenship  or  to 
enrollment  as  citizens  in  either  of  said  nations.  The  right 
of  appeal  may  be  exercised  by  the  said  nations  jointly  or  by 
either  of  them  acting  separately  at  any  time  within  six  months 
after  this  agreement  is  finally  ratified.  In  the  exercise  of  such 
appellate  jurisdiction  said  citizenship  court  shall  be  authorized 
to  consider,  review,  and  revise  all  such  judgments,  both  as  to 


Choctaw-Chickasaw  Treaty.  169 

findings  of  fact  and  conclusions  of  law,  and  may,  wherever 
in  its  judgment  substantial  justice  will  thereby  be  subserved, 
permit  either  party  to  any  such  appeal  to  take  and  present  such 
further  evidence  as  may  be  necessary  to  enable  said  court  to 
determine  the  very  right  of  the  controversy.  And  said  court 
shall  have  power  to  make  all  needful  rules  and  regulations  pre- 
scribing the  manner  of  taking  and  conducting  said  appeals  and 
of  taking  additional  evidence  therein.  Such  citizenship  court 
shall  also  have  like  appellate  jurisdiction  and  authority  over 
judgments  rendered  by  such  courts  under  the  said  act  denying 
claims  to  citizenship  or  to  enrollment  as  citizens  in  either  of 
said  nations.  Such  appeals  shall  be  taken  within  the  time 
hereinbefore  specified  and  shall  be  taken,  conducted,  and  dis- 
posed of  in  the  same  manner  as  appeals  by  the  said  nations, 
save  that  notice  of  appeals  by  citizenship  claimants  shall  be 
served  upon  the  chief  executive  officer  of  both  nations :  Pro- 
vided, That  paragraphs  thirty-one  and  thirty-two,  and  thirty- 
three  hereof  shall  go  into  effect  immediately  after  the  pas- 
sage of  this  act  by  Congress. 

Dawes  v.  Cundiff,  5  I.  T.  47,  82  S.  W.  228. 
Dawes  v.  Benson,  5  I.  T.  50,  82  S.  W.  1141. 

Wallace  v.  Adams,  6  I.  T.  32,  88  S.  W.  308,  143  Fed.  716,  204  U.  S. 
420,  51  L.  Ed.  547. 

Citizenship  Court — Powers — Procedure. 

33.  A  court  is  hereby  created,  to  be  known  as  the  Choctaw 
and  Chickasaw  citizenship  court,  the  existence  of  which  shall 
terminate  upon  the  final  determination  of  the  suits  and  proceed- 
ings named  in  the  last  two  preceding  sections,  but  in  no  event 
later  than  the  thirty-first  day  of  December,  nineteen  hundred 
and  three.  Said  court  shall  have  all  authority  and  power  nec- 
essary to  the  hearing  and  determination  of  the  suits  and  pro- 
ceedings so  committed  to  its  jurisdiction,  including  the  au- 
thority to  issue  and  enforce  all  requisite  writs,  process,  and 
orders,  and  to  prescribe  rules  and  regulations  for  the  transac- 
tion of  its  business.    It  shall  also  have  the  powers  of  a  circuit 


170  Choctaw-Chickasaw  Treaty. 

court  of  the  United   States   in  compelling  the  production  of 
hooks,  papers,  and  documents,  the  attendance  of  witnesses,  and 
in  punishing  contempt.     Except  where   herein  otherwise  ex- 
pressly provided,  the  pleadings,  practice,   and  proceedings   in 
said  court  shall  conform,  as  near  as  may  he,  to  the  pleadings, 
practice,  and  proceedings  in  equity  causes  in  the  circuit  courts 
of  the  United  States.     The  testimony  shall  he  taken  in  court 
or  before  one  of  the  judges,  so  far  as  practicable.      Each  judge 
shall  be  authorized  to  grant,  in  vacation  or  recess,  interlocu- 
tory orders  and  to  hear  and  dispose  of  interlocutory  motions 
not  affecting  the  substantial  merits  of  the  case.      Said   court 
shall  have  a  chief  judge  and  two  associate  judges,  a  clerk,  a 
stenographer,  who  shall  be  deputy  clerk,  and  a  bailiff.     The 
judges  shall  be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the   Senate,   and   shall   each   receive   a 
compensation   of   five   thousand   dollars    per   annum,    and    his 
necessary  and  actual  traveling  and  personal  expenses  while  en- 
gaged in  the  performance  of  his  duties.     The  clerk,  stenogra- 
pher, and  bailiff  shall  be  appointed  by  the  judges,  or  a  major- 
ity of  them,  and  shall  receive  the  following  yearly  compensa- 
tion:     Clerk,  two  thousand  four  hundred  dollars;   Stenogra- 
pher,  twelve   hundred   dollars;   bailiff,   nine   hundred   dollars. 
The  compensation  of  all   these  officers   shall  be   paid  by  the 
United   States  in  monthly  installments.     The  moneys  to  pay 
said  compensation  are  hereby  appropriated,  and  there  is  also 
hereby  appropriated  the  sum  of  five  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  to  be  expended  under  the 
direction  of  the  Secretary  of  the  Interior,  to  pay  such  contin- 
gent expenses  of  said  court  and  its  officers  as  to  such  Secretary 
may  seem  proper.     Said  court  shall  have  a  seal,  shall  sit  at 
such  place  or  places  in  the  Choctaw  and  Chickasaw  nations  as 
the  judges  may  designate,  and  shall  hold  public  sessions,  be- 
ginning the  first   Monday  in  each  month,   so   far  as  may  be 
practicable  or  necessary.     Each  judge  and  the  clerk  and  dep- 
uty clerk  shall  be  authorized  to  administer  oaths.     All  writs 
and  process  issued  by  said  court  shall  be  served  by  the  United 


Choctaw-Chickasaw  Treaty.  171 

States  marshal  for  the  district  in  which  the  service  is  to  be 
had.  The  fees  for  serving  process  and  the  fees  of  witnesses 
shall  be  paid  by  the  party  at  whose  instance  such  process  is 
issued  or  such  witnesses  are  subpoenaed,  and  the  rate  or 
amount  of  such  fees  shall  be  the  same  as  is  allowed  in  civil 
causes  in  the  circuit  court  of  the  United  States  for  the  Western 
district  of  Arkansas.  No  fees  shall  be  charged  by  the  clerk 
or  other  officers  of  said  Court.  The  clerk  of  the  United  States 
Court  in  Indian  Territory,  having  custody  and  control  of  the 
files,  papers,  and  proceedings  in  the  original  citizenship  cases, 
shall  receive  a  fee  of  two  dollars  and  fifty  cents  for  trans- 
ferring and  certifying  to  the  citizenship  court  the  files,  papers, 
and  proceedings  in  each  case,  without  regard  to  the  number  of 
persons  whose  citizenship  is  involved  therein,  and  said  fee  shall 
be  paid  by  the  person  applying  for  such  transfer  and  certifi- 
cation. The  judgment  of  the  citizenship  court  in  any  or  all 
of  the  suits  or  proceedings  so  committed  to  its  jurisdiction 
shall  be  final.  All  expenses  necessary  to  the  proper  conduct, 
on  behalf  of  the  nations,  of  the  suits  and  proceedings  provided 
for  in  this  and  the  two  preceding  sections  shall  be  incurred 
under  the  direction  of  the  executives  of  the  two  nations,  and 
the  Secretary  of  the  Interior  is  hereby  authorized,  upon  certif- 
icate of  said  executives,  to  pay  such  expenses  as  in  his  judg- 
ment are  reasonable  and  necessary  out  of  any  of  the  joint  funds 
of  said  nations  in  the  Treasury  of  the  United  States. 

Dawes  v.  Cundiff,  5  I.  T.  47,  82  S.  W.  228. 
Dawes  v.  Benson,  5  I.  T.  50,  82  S.  W.   1141. 

Wallace  v.  Adams,  6  I.  T.  32,  88  S.  W.  308,  143  Fed.  716,  204  U.  S. 
420,  51  L.  Ed.  547. 

Applications  for  Enrollment — Completion  of  Rolls. 

34.  During  the  ninety  days  first  following  the  date  of  the 
final  ratification  of  this  agreement  the  Commission  to  the  Five 
Civilized  Tribes  may  receive  applications  for  enrollment  only 
of  persons  whose  names  are  on  the  tribal  rolls,  but  who  have 
not  heretofore  been  enrolled  by  said  Commission,  commonly 


172  Choctaw-Chickasaw  Treaty. 

known  as  "delinquents,"  and  such  intermarried  white  persons 
as  may  have  married  recognized  citizens  of  the  Choctaw  and 
Chickasaw  nations  in  accordance  with  the  tribal  laws,  cus- 
toms, and  usages  on  or  before  the  date  of  the  passage  of  this 
act  by  Congress,  and  such  infant  children  as  may  have  been 
born  to  recognized  and  enrolled  citizens  on  or  before  the  date 
of  the  final  ratification  of  this  agreement ;  but  the  application 
of  no  person  whomsoever  for  enrollment  shall  be  received  after 
the  expiration  of  the  said  ninety  clays :  Provided,  That  noth- 
ing in  this  section  shall  apply  to  any  person  or  persons  making 
application  for  enrollment  as  Mississippi  Choctaws,  for  whom 
provision  has  herein  otherwise  been  made. 

Limitation  of  Enrollments  and  Allotments. 

35.  No  person  whose  name  does  not  appear  upon  the  rolls 
prepared  as  herein  provided  shall  be  entitled  to  in  any  manner 
participate  in  the  distribution  of  the  common  property  of  the 
Choctaw  and  Chickasaw  tribes,  and  those  whose  names  appear 
thereon  shall  participate  in  the  manner  set  forth  in  this  agree- 
ment: Provided,  That  no  allotment  of  land  or  other  tribai 
property  shall  be  made  to  any  person,  or  to  the  heirs  of  any 
person,  whose  name  is  on  the  said  rolls,  and  who  died  prior 
to  the  date  of  the  final  ratification  of  this  agreement.  The 
right  of  such  person  to  any  interest  in  the  lands  or  other  tribal 
property  shall  be  deemed  to  have  become  extinguished  and  to 
have  passed  to  the  tribe  in  general  upon  his  death  before  the 
date  of  the  final  ratification  of  this  agreement,  and  any  per- 
son or  persons  who  may  conceal  the  death  of  anyone  on  said 
rolls  as  aforesaid,  for  the  purpose  of  profiting  by  the  said  con- 
cealment, and  who  shall  knowingly  receive  any  portion  of  any 
land  or  other  tribal  property,  or  of  the  proceeds  so  arising 
from  any  allotment  prohibited  by  this  section,  shall  be  deemed 
guilty  of  a  felony,  and  shall  be  proceeded  against  as  may  be 
provided  in  other  cases  of  felony,  and  the  penalty  for  this 
offense  shall  be  confinement  at  hard  labor  for  a  period  of  not 
less  than  one  year  nor  more  than  five  years,  and  in  addition 


Choctaw-Chickasaw  Treaty.  173 

thereto  a  forfeiture  to  the  Choctaw  and  Chickasaw  nations  of 
the  lands,  other  tribal  property,  and  proceeds  so  obtained. 
Sorrels  v.  Jones,  2G  Okla.  569,  110  Pac.  743. 

CHICKASAW  FREEDMEN. 

Rights  of  Chickasaw  Freedmen. 

36.  Authority  is  hereby  conferred  upon  the  Court  of  Claims 
to  determine  the  existing  controversy  respecting  the  relations 
of  the  Chickasaw  freedmen  to  the  Chickasaw  Nation  and  the 
rights  of  such  freedmen  in  the  lands  of  the  Choctaw  and 
Chickasaw  nations  under  the  third  article  of  the  treaty  of 
eighteen  hundred  and  sixty-six,  between  the  United  States 
and  the  Choctaw  and  Chickasaw  nations,  and  under  any  and 
all  laws  subsequently  enacted  by  the  Chickasaw  legislature  or 
by  Congress. 

U.  S.  v.  Choctaw  Nation,  193  U.  S.  120,  48  L.  Ed.  640. 

Suit  to  Determine  Rights  of  Chickasaw  Freedmen. 

37.  To  that  end  the  Attorney-General  of  the  United  States 
is  hereby  directed,  on  behalf  of  the  United  States,  to  file  in 
said  Court  of  Claims,  within  sixty  clays  after  this  agreement 
becomes  effective,  a  bill  of  interpleader  against  the  Choctaw, 
and  Chickasaw  nations  and  the  Chickasaw  freedmen,  setting 
forth  the  existing  controversy  between  the  Chickasaw  Nation 
and  the  Chickasaw  freedmen  and  praying  that  the  defendants 
thereto  be  required  to  interplead  and  settle  their  respective 
rights  in  such  suit. 

U.  S.  v.  Choctaw  Nation,  193  U.  S.  120,  48  L.  Ed.  640. 

Procedure  in  Freedmen  Suit. 

38.  Service  of  process  in  the  suit  may  be  had  on  the  Choc- 
taw and  Chickasaw  nations,  respectively,  by  serving  upon  the 
principal  chief  of  the  former  and  the  governor  of  the  latter 
a  certified  copy  of  the  bill,  with  a  notice  of  the  time  for  an- 
swering the  same,  which  shall  not  be  less  than  thirty  nor  more 
than  sixty  days  after  such  service,  and  may  be  had  upon  the 


174  Choctaw-Chickasaw   Treaty. 

Chickasaw  freedmen  by  serving  upon  each  of  three  known 
and  recognized  Chickasaw  freedmen  a  certified  copy  of  the 
bill,  with  a  like  notice  of  the  time  for  answering  the  same, 
and  by  publishing  a  notice  of  the  commencement  of  the  suit, 
setting  forth  the  nature  and  prayer  of  the  bill,  with  the  time 
for  answering  the  same,  for  a  period  of  three  weeks  in  at  least 
two  weekly  newspapers  having  general  circulation  in  the  Chick- 
asaw Nation. 

Chickasaw  Freedmen  Suit — Employment  of  Counsel. 

39.  The  Choctaw  and  Chickasaw  nations,  respectively,  may 
in  the  manner  prescribed  in  sections  twenty-one  hundred  and 
three  to  twenty-one  hundred  and  six,  both  inclusive,  of  the 
Revised  Statutes,  employ  counsel  to  represent  them  in  such  suit 
and  protect  their  interests  therein;  and  the  Secretary  of  the 
Interior  shall  employ  competent  counsel  to  represent  the  Chick- 
asaw freedmen  in  said  suit  and  to  protect  their  interests  there- 
in ;  and  the  compensation  of  counsel  so  employed  for  the  Chick- 
asaw freedmen,  including  all  costs  of  printing  their  briefs  and 
other  incidental  expenses  on  their  part,  not  exceeding  six 
thousand  dollars,  shall  be  paid  out  of  the  Treasury  of  the 
United  States  upon  certificate  of  the  Secretary  of  the  Interior 
setting  forth  the  employment  and  the  terms  thereof,  and  stating 
that  the  required  services  have  been  duly  rendered  ;  and  any 
party  feeling  aggrieved  at  the  decree  of  the  Court  of  Claims, 
or  any  part  thereof,  may,  within  sixty  days  after  the  rendi- 
tion thereof,  appeal  to  the  Supreme  Court,  and  in  each  of  said 
courts  the  suit  shall  be  advanced  for  hearing  and  decision  at 
the  earliest  practicable  time. 

Temporary  Allotments  to  Chickasaw  Freedmen. 

40.  In  the  meantime  the  Commission  to  the  Five  Civilized 
Tribes  shall  make  a  roll  of  the  Chickasaw  freedmen  and  their 
descendants,  as  provided  in  the  Atoka  agreement,  and  shall 
make  allotments  to  them  as  provided  in  this  agreement,  which 
said  allotments  shall  be  held  by  the  said  Chickasaw  freedmen, 


Choctaw-Chickasaw  Treaty.  175 

not  as  temporary  allotments,  but  as  final  allotments,  and  in 
the  event  that  it  shall  be  finally  determined  in  said  suit  that 
the  Chickasaw  freedmen  are  not,  independently  of  this  agree- 
ment, entitled  to  allotments  in  the  Choctaw  and  Chickasaw 
lands,  the  Court  of  Claims  shall  render  a  decree  in  favor  of 
the  Choctaw  and  Chickasaw  nations  according  to  their  respec- 
tive interests,  and  against  the  United  States,  for  the  value  of 
the  lands  so  allotted  to  the  Chickasaw  freedmen  as  ascertained 
by  the  appraisal  thereof  made  by  the  Commission  to  the  Five 
Civilized  Tribes  for  the  purpose  of  allotment,  which  decree 
shall  take  the  place  of  the  said  lands  and  shall  be  in  full  sat- 
isfaction of  all  claims  by  the  Choctaw  and  Chickasaw  nations 
against  the  United  States  or  the  said  freedmen  on  account  of 
the  taking  of  the  said  lands  for  allotment  to  said  freedmen : 
Provided,  That  nothing  contained  in  this  paragraph  shall  be 
construed  to  affect  or  change  the  existing  status  or  rights  of 
the  two  tribes  as  between  themselves  respecting  the  lands  taken 
for  allotment  to  freedmen,  or  the  money,  if  any,  recovered  as 
compensation  therefor,  as  aforesaid. 

U.  S.  v.  Choctaw  Nation,  193  U.  S.  120,  48  L.  Ed.  640. 
MISSISSIPPI   CHOCTAWS. 

Mississippi  Choctaws — Citizenship  and  Allotment. 

41.  All  persons  duly  identified  by  the  Commission  to  the 
Five  Civilized  Tribes  under  the  provisions  of  section  21  of 
the  act  of  Congress  approved  June  28,  1898  (30  Stats.,  495), 
as  Mississippi  Choctaws  entitled  to  benefits  under  article  14 
of  the  treaty  between  the  United  States  and  the  Choctaw  Na- 
tion concluded  September  27,  1830,  may,  at  any  time  within  six 
months  after  the  date  of  their  identification  as  Mississippi 
Choctaws  by  the  said  Commission,  make  bona  fide  settlement 
within  the  Choctaw-Chickasaw  country,  and  upon  proof  of 
such  settlement  to  such  Commission  within  one  year  after  the 
date  of  their  said  identification  as  Mississippi  Choctaws  shall 
be  enrolled  by  such  Commission  as  Mississippi  Choctaws  en- 


176  Choctaw-Chickasaw  Treaty. 

titled  to  allotment  as  herein  provided  for  citizens  of  the  tribes, 
subject  to  the  special  provisions  herein  provided  as  to  Missis- 
sippi Choctaws,  and  said  enrollment  shall  be  final  when  ap- 
proved by  the  Secretary  of  the  Interior.  The  application  of 
no  person  for  identification  as  a  Mississippi  Choctaw  shall  be 
received  by  said  Commission  after  six  months  subsequent  to 
the  date  of  the  final  ratification  of  this  agreement,  and  in  the 
disposition  of  such  applications  all  full-blood  Mississippi  Choc- 
taw Indians  and  the  descendants  of  any  Mississippi  Choctaw 
Indans,  whether  of  full  or  mixed  blood,  to  receive  a  patent  to 
land  under  the  said  fourteenth  article  of  the  said  treaty  of 
eighteen  hundred  and  thirty  who  had  not  moved  to  and  made 
bona  fide  settlement  in  the  Choctaw-Chickasaw  country  prior 
to  June  twenty-eighth,  eighteen  hundred  and  ninety-eight, 
shall  be  deemed  to  be  Mississippi  Choctaws,  entitled  to  benefits 
under  article  fourteen  of  the  said  treaty  of  September  twenty- 
seventh,  eighteen  hundred  and  thirty,  and  to  identification  as 
such  by  said  Commission,  but  this  direction  or  provision  shall 
be  deemed  to  be  only  a  rule  of  evidence  and  shall  not  be  in- 
voked by  or  operate  to  the  advantage  of  any  applicant  who  is 
not  a  Mississippi  Choctaw  of  the  full  blood,  or  who  is  not  the 
descendant  of  a  Mississippi  Choctaw  who  received  a  patent  to 
land  under  said  treaty,  or  who  is  otherwise  barred  from  the 
right  of  citizenship  in  the  Choctaw  Nation,  all  of  said  Mis- 
sissippi Choctaws  so  enrolled  by  said  Commission  shall  be  upon 
a  separate  roll. 

Mississippi  Choctaws. — Patents  to. 

42.  When  any  such  Mississippi  Choctaw  shall  have  in  good 
faith  continuously  resided  upon  the  lands  of  the  Choctaw  and 
Chickasaw  nations  for  a  period  of  three  years,  including  his 
residence  thereon  before  and  after  such  enrollment,  he  shall, 
upon  the  due  proof  of  such  continuous,  bona  fide  residence, 
made  in  such  manner  and  before  such  officer  as  may  be  desig- 
nated by  the  Secretary  of  the  Interior,  receive  a  patent  for  his 
allotment,  as  provided  in  the  Atoka  agreement,  and  he  shall 


Choctaw-Chickasaw  Treaty.  177 

hold  the  lands  allotted  to  him  as  provided  in  this  agreement 
for  citizens  of  the  Choctaw  and  Chickasaw  nations. 

Mississippi  Choctaws — Enrollment  of. 

43.  Applications  for  enrollment  as  Mississippi  Choctaws, 
and  applications  to  have  land  set  apart  to  them  as  such,  must 
be  made  personally  before  the  Commission  to  the  Five  Civilized 
Tribes.  Fathers  may  apply  for  their  minor  children ;  and,  if 
the  father  be  dead,  the  mother  may  apply;  husbands  may 
apply  for  wives.  Applications  for  orphans,  insane  persons, 
and  persons  of  unsound  mind  may  be  made  by  duly  appointed 
guardian  or  curator,  and  for  aged  and  infirm  persons  and  pris- 
oners by  agents  duly  authorized  thereunto  by  power  of  attor- 
ney, in  the  discretion  of  said  Commission. 

Mississippi  Choctaws — Failure  to  Complete  Residence. 

44.  If  within  four  years  after  such  enrollment  any  such 
Mississippi  Choctaw,  or  his  heirs  or  representatives  if  he  be 
dead,  fails  to  make  proof  of  such  continuous  bona  fide  resi- 
dence for  the  period  so  prescribed,  or  up  to  the  time  of  the 
death  of  such  Mississippi  Choctaw,  in  case  of  his  death  after 
enrollment,  he,  and  his  heirs  and  representatives  if  he  be  dead, 
shall  be  deemed  to  have  acquired  no  interest  in  the  lands  set 
apart  to  him,  and  the  same  shall  be  sold  at  public  auction  for 
cash,  under  rules  and  regulations  prescribed  by  the  Secretary 
of  the  Interior,  and  the  proceeds  paid  into  the  Treasury  of 
the  United  States  to  the  credit  of  the  Choctaw  and  Chickasaw 
tribes,  and  distributed  per  capita  with  other  funds  of  the 
tribes.  Such  lands  shall  not  be  sold  for  less  than  their  ap- 
praised value.  Upon  payment  of  the  full  purchase  price  patent 
shall  issue  to  the  purchaser. 

TOWN    SITES. 

Townsites — Assent  of  Tribes. 

45.  The  Choctaw  and  Chickasaw  tribes  hereby  assent  to 
the  act  of  Congress  approved  May  31,  1900  (31  Stats.,  221), 

VC  T  12 


178  Choctaw-Chickasaw  Treaty. 

in  so  far  as  it  pertains  to  town  sites  in  the  Choctaw  and  Chick- 
asaw nations,  ratifying  and  confirming  all  acts  of  the  Govern- 
ment of  the  United  States  thereunder,  and  consent  to  a  con- 
tinuance of  the  provisions  of  said  act  not  in  conflict  with  the 
terms  of  this  agreement. 

Town  of  Hartshorne  v.  Town    of    Haileyville,    24    Okla.    775,    104 

Pac.  49. 
Ballinger  v.  Frost,  216  U.  S.  240,  54  L.  Ed.  464. 

Townsites — Additional  Acreage. 

46.  As  to  those  town  sites  heretofore  set  aside  by  the  Sec- 
retary of  the  Interior  on  the  recommendation  of  the  Com- 
mission to  the  Five  Civilized  Tribes,  as  provided  in  said  act 
of  Congress  of  May  31,  1900,  such  additional  acreage  may  be 
added  thereto,  in  like  manner  as  the  original  town  site  was  set 
apart,  as  may  be  necessary  for  the  present  needs  and  reason- 
able prospective  growth  of  said  town  sites,  the  total  acreage  not 
to  exceed  six  hundred  and  forty  acres  for  each  town  site. 

Townsites — Limit  to  Acreage. 

47.  The  lands  which  may  hereafter  be  set  aside  and  reserved 
for  town  sites  upon  the  recommendation  of  the  Commission 
to  the  Five  Civilized  Tribes,  under  the  provisions  of  said  act 
of  May  31,  1900,  shall  embrace  such  acreage  as  may  be  neces- 
sary for  the  present  needs  and  reasonable  prospective  growth 
of  such  town  sites,  not  to  exceed  six  hundred  and  forty  acres 
for  each  town  site. 

Townsites — Compensation  for  Improvements. 

48.  Whenever  any  tract  of  land  shall  be  set  aside  for  town- 
site  purposes,  as  provided  in  said  act  of  May  31,  1900,  or  by 
the  terms  of  this  agreement,  which  is  occupied  by  any  member 
of  the  Choctaw  or  Chickasaw  nations,  such  occupant  shall  be 
fully  compensated  for  his  improvements  thereon,  out  of  the 
funds  of  the  tribes  arising  from  the  sale  of  town  sites,  under 
rules  and  regulations  to  be  prescribed  by  the  Secretary  of  the 
Interior,  the  value  of  such  improvements  to  be  determined  by 


Choctaw-Chickasaw  Treaty.  179 

a  board  of  appraisers,  one  member  of  which  shall  be  appointed 
by  the  Secretary  of  the  Interior,  one  by  the  chief  executive  of 
the  tribe  in  which  the  town  site  is  located,  and  one  by  the  oc- 
cupant of  the  land,  said  board  of  appraisers  to  be  paid  such 
compensation  for  their  services  as  may  be  determined  by  the 
Secretary  of  the  Interior  out  of  any  appropriation  for  survey- 
ing, laying  out,  platting,  and  selling  town  sites. 

Townsites — Vacancies  in  Townsite  Commissions. 

49.  Whenever  the  chief  executive  of  the  Choctaw  or  Chick- 
asaw Nation  fails  or  refuses  to  appoint  a  town-site  commis- 
sioner for  any  town,  or  to  fill  any  vacancy  caused  by  the  neg- 
lect or  refusal  of  the  town-site  commissioner  appointed  by  the 
chief  executive  of  the  Choctaw  or  Chickasaw  Nation  to  qual- 
ify or  act,  or  otherwise,  the  Secretary  of  the  Interior,  in  his 
discretion,  may  appoint  a  commissioner  to  fill  the  vacancy  thus 
created. 

Additional  Townsite  Commissioners. 

50.  There  shall  be  appointed,  in  the  manner  provided  in 
the  Atoka  agreement,  such  additional  town-site  commissions 
as  the  Secretary  of  the  Interior  may  deem  necessary,  for 
the  speedy  disposal  of  all  town  sites  in  said  nations :  Provided, 
That  the  jurisdiction  of  said  additional  town-site  commissions 
shall  extend  to  such  town  sites  only  as  shall  be  designated  by 
the  Secretary  of  the  Interior. 

Patents  to  Town  Lots. 

51.  Upon  the  payment  of  the  full  amount  of  the  purchase 
price  of  any  lot  in  any  town  site  in  the  Choctaw  and  Chicka- 
saw nations,  appraised  and  sold  as  herein  provided,  or  sold 
as  herein  provided,  the  chief  executives  of  said  nations  shall 
jointly  execute,  under  their  hands  and  the  seals  of  the  respec- 
tive nations  and  deliver  to  the  purchaser  of  the  said  lot  a  pat- 
ent conveying  to  him  all  right,  title,  and  interest  of  the  Choc- 
taw and  Chickasaw  tribes  in  and  to  said  lot. 

The  30,000  Land  Suits,  199  Fed.  811. 


180  Choctaw-Chickasaw  Treaty. 

Patents  to  Town  Lots. 

52.  All  town  lots  in  any  one  town  site  to.  be  conveyed  to 
one  person  shall,  as  far  as  practicable,'  be  included  in  one  pat- 
ent, and  all  patents  shall  be  executed  free  of  charge  to  the 
grantee. 

Towns  of  Less  Than  Two  Hundred  People. 

53.  Such  towns  in  the  Choctaw  and  Chickasaw  nations  as 
may  have  a  population  of  less  than  two  hundred  people,  not 
otherwise  provided  for,  and  which  in  the  judgment  of  the  Sec- 
retary of  the  Interior  should  be  set  aside  as  town  sites,  shall 
have  their  limits  defined  not  later  than  ninety  days  after  the 
final  ratification  of  this  agreement,  in  the  same  manner  as 
herein  provided  for  other  town  sites ;  but  in  no  such  case  shall 
more  than  forty  acres  of  land  be  set  aside  for  any  such  town 
site. 

Surveys  of  Townsites  Confirmed. 

54.  All  town  sites  heretofore  set  aside  by  the  Secretary  of 
the  Interior  oti  the  recommendation  of  the  Commission  to  the 
Five  Civilized  Tribes,  under  the  provisions  of  the  act  of  Con- 
gress approved  May  31,  1900  (31  Stats.,  221),  with  the  addi- 
tional acreage  added  thereto,  and  all  town  sites  which  may 
hereafter  be  set  aside,  as  well  as  all  town  sites  set  aside  under 
the  provisions  of  this  agreement  having  a  population  of  less 
than  two  hundred,  shall  be  surveyed,  laid  out,  platted,  ap- 
praised, and  disposed  of  in  a  like  manner,  and  with  like 
preference  rights  accorded  to  owners  of  improvements  as  other 
town  sites  in  the  Choctaw  and  Chickasaw  nations  are  surveyed, 
laid  out,  platted,  appraised,  and  disposed  of  under  the  Atoka 
agreement,  as  modified  or  supplemented  by  the  said  act  of  May 
31,  1900:  Provided,  That  occupants  or  purchasers  of  lots  in 
town  sites  in  said  Choctaw  and  Chicasaw  nations  upon  which 
no  improvements  have  been  made  prior  to  the  passage  of  this 
act  by  Congress  shall  pay  full  appraised  value  of  said  lots 
instead  of  the  percentage  named  in  the  Atoka  agreement. 


Choctaw-Chickasaw  Treaty.  181 

municipal  corporations. 

Municipalities — Bonds   for  Improvements. 

55.  Authority  is  hereby  conferred  upon  municipal  corpo- 
rations in  the  Choctaw  and  Chickasaw  nations,  with  the  ap- 
proval of  the  Secretary  of  the  Interior,  to  issue  bonds  and  bor- 
row money  thereon  for  sanitary  purposes,  and  for  the  con- 
struction of  sewers,  lighting  plants,  waterworks,  and  school- 
houses,  subject  to  all  the  provisions  of  laws  of  the  United 
States  in  force  in  the  organized  Territories  of  the  United 
States  in  reference  to  municipal  indebtedness  and  issuance  of 
bonds  for  public  purposes ;  and  said  provisions  of  law  are 
hereby  put  in  force  in  said  nations  and  made  applicable  to  the 
cities  and  towns  therein  the  same  as  if  specially  enacted  in  ref- 
erence thereto ;  and  said  municipal  corporations  are  hereby  au- 
thorized to  vacate  streets  and  alleys,  or  parts  thereof,  and 
said  streets  and  alleys,  when  so  vacated,  shall  become  the  prop- 
erty of  the  adjacent  property  holders. 

Redmond  v.   Incorporated  Town  of  Sulphur,  32  Okla.  201,  120  Pac. 
262. 

COAL  AND  ASPHALT. 

Coal  and  Asphalt  Lands. 

56.  At  the  expiration  of  two  years  after  the  final  ratification 
of  this  agreement  all  deposits  of  coal  and  asphalt  which  are 
in  lands  within  the  limits  of  any  town  site  established  under 
the  Atoka  agreement,  or  the  act  of  Congress  of  May  31,  1900, 
or  this  agreement,  and  which  are  within  the  exterior  limits  of 
any  lands  reserved  from  allotment  on  account  of  their  coal 
or  asphalt  deposits,  as  herein  provided,  and  which  are  not  at 
the  time  of  the  final  ratification  of  this  agreement  embraced 
in  any  then  existing  coal  or  asphalt  lease,  shall  be  sold  at  pub- 
lic auction  for  cash  under  the  direction  of  the  President  as 
hereinafter  provided,  and  the  proceeds  thereof  disposed  of  as 
herein  provided  respecting  the  proceeds  of  the  sale  of  coal  and 
asphalt  lands. 


182  Choctaw-Chickasaw  Treaty. 

Coal  and  Asphalt  Deposits — Sale  of. 

57.  All  coal  and  asphalt  deposits  which  are  within  the  lim- 
its of  any  town  site  so  established,  which  are  at  the  date  of  the 
final  ratification  of  this  agreement  covered  by  any  existing 
lease,  shall,  at  the  expiration  of  two  years  after  the  final  rati- 
fication of  this  agreement,  be  sold  at  public  auction  under  the 
direction  of  the  President  as  hereinafter  provided,  and  the  pro- 
ceeds thereof  disposed  of  as  provided  in  the  last  preceding  sec- 
tion. The  coal  or  asphalt  covered  by  each  lease  shall  be  sep- 
arately sold.  The  purchaser  shall  take  such  coal  or  asphalt 
deposits  subject  to  the  existing  lease,  and  shall  by  the  purchase 
succeed  to  all  the  rights  of  the  two  tribes  of  every  kind  and 
character,  under  the  lease,  but  all  advanced  royalties  received 
by  the  tribe  shall  be  retained  by  them. 

Coal  and  Asphalt  Lands  to  Be  Segregated. 

58.  Within  six  months  after  the  final  ratification  of  this 
agreement  the  Secretary  of  the  Interior  shall  ascertain,  so  far 
as  may  be  practicable,  what  lands  are  principally  valuable  be- 
cause of  their  deposits  of  coal  or  asphalt,  including  therein 
all  lands  which  at  the  time  of  the  final  ratification  of  this  agree- 
ment shall  be  covered  by  then  existing  coal  or  asphalt  leases, 
and  within  that  time  he  shall,  by  a  written  order,  segregate 
and  reserve  from  allotment  all  of  said  lands.  Such  segrega- 
tion and  reservation  shall  conform  to  the  subdivisions  of  the 
Government  survey  as  nearly  as  may  be,  and  the  total  segrega- 
tion and  reservation  shall  not  exceed  five  hundred  thousand 
acres.  No  lands  so  reserved  shall  be  allotted  to  any  member 
or  freedman,  and  the  improvements  of  any  member  or  freed- 
man  existing  upon  any  of  the  lands  so  segregated  and  reserved 
at  the  time  of  their  segregation  and  reservation  shall  be  ap- 
praised under  the  direction  of  the  Secretary  of  the  Interior,  and 
shall  be  paid  for  out  of  any  common  funds  of  the  two  tribes 
in  the  Treasury  of  the  United  States,  upon  the  order  of  the 
Secretary  of  the  Interior.  All  coal  and  asphalt  deposits,  as 
well  as  other  minerals  which  may  be  found  in  any  lands  not  so 


Choctaw-Chickasaw  Treaty.  183 

segregated  and  reserved,  shall  be  deemed  a  part  of  the  land 
and  shall  pass  to  the  allottee  or  other  person  who  may  lawfully 
acquire  title  to  such  lands. 

Sale  of  Segregated  Coal  and  Asphalt  Lands. 

59.  All  lands  segregated  and  reserved  under  the  last  pre- 
ceding section,  excepting  those  embraced  within  the  limits  of 
a  town  site,  established  as  hereinbefore  provided,  shall,  within 
three  years  from  the  final  ratification  of  this  agreement  and 
before  the  dissolution  of  the  tribal  governments,  be  sold  at 
public  auction  for  cash,  under  the  direction  of  the  President, 
by  a  commission  composed  of  three  persons,  which  shall  be 
appointed  by  the  President,  one  on  the  recommendation  of  the 
principal  chief  of  the  Choctaw  Nation,  who  shall  be  a  Choc- 
taw by  blood,  and  one  on  the  recommendation  of  the  governor 
of  the  Chickasaw  Nation,  who  shall  be  a  Chickasaw  by  blood. 
Either  of  said  commissioners  may,  at  any  time,  be  removed  by 
the  President  for  good  cause  shown.  Each  of  said  Commis- 
sioners shall  be  paid  at  the  rate  of  four  thousand  dollars  per 
annum,  the  Choctaw  commissioner  to  be  paid  by  the  Choctaw 
Nation,  the  Chickasaw  commissioner  to  be  paid  by  the  Chick- 
asaw Nation,  and  the  third  commissioner  to  be  paid  by  the 
United  States.  In  the  sale  of  coal  and  asphalt  lands  and  coal 
and  asphalt  deposits  hereunder,  the  commission  shall  have  the 
right  to  reject  any  or  all  bids  which  it  considers  below  the 
value  of  any  such  lands  or  deposits.  The  proceeds  arising 
from  the  sale  of  coal  and  asphalt  lands  and  coal  and  asphalt 
deposits  shall  be  deposited  in  the  Treasury  of  the  United  States 
to  the  credit  of  said  tribes  and  paid  out  per  capita  to  the  mem- 
bers of  said  tribes  (freedmen  excepted)  with  the  other  moneys 
belonging  to  said  tribes  in  the  manner  provided  by  law.  The 
lands  embraced  within  any  coal  or  asphalt  lease  shall  be  sepa- 
rately sold,  subject  to  such  lease,  and  the  purchaser  shall  suc- 
ceed to  all  the  rights  of  the  two  tribes  of  every  kind  and  char- 
acter, under  the  lease,  but  all  advanced  royalties  received  by 
the  tribes  shall  be  retained  by  them.    The  lands  so  segregated 


184  Choctaw-Chickasaw  Treaty. 

and  reserved,  and  not  included  within  any  existing  coal  or  as- 
phalt lease,  shall  be  sold  in  tracts  not  exceeding  in  area  a  sec- 
tion under  the  Government  survey. 

Time  of  Sale. 

60.  Upon  the  recommendation  of  the  chief  executive  of 
each  of  the  two  tribes,  and  where  in  the  judgment  of  the  Pres- 
ident it  is  advantageous  to  the  tribes  so  to  do,  the  sale  of  any 
coal  or  asphalt  lands  which  are  herein  directed  to  be  sold  may 
be  made  at  any  time  after  the  expiration  of  six  months  from 
the  final  ratification  of  this  agreement,  without  awaiting  the 
expiration  of  the  period  of  two  years,  as  hereinbefore  pro- 
vided. 

Leases  of  Coal  and  Asphalt  Lands.  Prohibited. 

61.  No  lease  of  any  coal  or  asphalt  lands  shall  be  made 
after  the  final  ratification  of  this  agreement,  the  provisions  of 
the  Atoka  agreement  to  the  contrary  notwithstanding. 

Sorrels  v.  Jonas,  26  Okla.  5G0,  110  Pac.  743. 

Sale  of  Reserved  Coal  and  Asphalt  Lands. 

62.  Where  any  lands  so  as  aforesaid  segregated  and  re- 
served on  account  of  their  coal  or  asphalt  deposits  are  in  this 
agreement  specifically  reserved  from  allotment  for  any  other 
reason,  the  sale  to  be  made  hereunder  shall  be  only  of  the  coal 
and  asphalt  deposits  contained  therein,  and  in  all  other  re- 
spects the  other  specified  reservation  of  such  lands  herein  pro- 
vided for  shall  be  fully  respected. 

Coal  and  Asphalt  Lands — Patents  to  Purchasers. 

63.  The  chief  executives  of  the  two  tribes  shall  execute  and 
deliver  with  the  approval  of  the  Secretary  of  the  Interior,  to 
each  purchaser  of  any  coal  or  asphalt  lands  so  sold,  and  to 
each  purchaser  of  any  coal  or  asphalt  deposits  so  sold,  an  ap- 
propriate patent  or  instrument  of  conveyance,  conveying  to  the 
purchaser  the  property  so  sold. 

U.  S.  v.  Cherokee  Nation,  202  U.  S.   102,  50  L.  Ed.  949. 


Choctaw-Chickasaw  Treaty.  185 

sulphur  springs. 

Sulphur  Springs — Relinquishment  by  Tribes. 

64.  The  two  tribes  hereby  absolutely  and  unqualifiedly  re- 
linquish, cede,  and  convey  unto  the  United  States  a  tract  or 
tracts  of  land  at  and  in  the  vicinity  of  the  village  of  Sulphur,  in 
the  Chickasaw  Nation,  of  not  exceeding  six  hundred  and  forty 
acres,  to  be  selected,  under  the  direction  of  the  Secretary  of  the 
Interior,  within  four  months  after  the  final  ratification  of  this 
agreement,  and  to  embrace  all  the  natural  springs  in  and  about 
said  village,  and  so  much  of  Sulphur  Creek,  Rock  Creek,  Buck- 
horn  Creek,  and  the  lands  adjacent  to  said  natural  springs  and 
creeks  as  may  be  deemed  necessary  by  the  Secretary  of  the  In- 
terior for  the  proper  utilization  and  control  of  said  springs  and 
the  waters  of  said  creeks,  which  lands  shall  be  so  selected  as 
to  cause  the  least  interference  with  the  contemplated  town 
site  at  that  place  consistent  with  the  purposes  for  which  said 
cession  is  made,  and  when  selected  the  ceded  lands  shall  be 
held,  owned,  and  controlled  by  the  United  States  absolutely 
and  without  any  restriction,  save  that  no  part  thereof  shall 
be  platted  or  disposed  or  for  town-site  purposes  during  the 
existence  of  the  two  tribal  governments.  Such  other  lands  as 
may  be  embraced  in  a  town  site  at  that  point  shall  be  disposed 
of  in  the  manner  provided  in  the  Atoka  agreement  for  the  dis- 
position of  town  sites.  Within  ninety  days  after  the  selection 
of  the  lands  so  ceded  there  shall  be  deposited  in  the  Treasury 
of  the  United,  to  the  credit  of  the  two  tribes,  from  the  unap- 
propriated public  moneys  of  the  United  States,  twenty  dollars 
per  acre  for  each  acre  so  selected,  which  shall  be  in  full  com- 
pensation for  the  lands  so  ceded,  and  such  moneys  shall,  upon 
the  dissolution  of  the  tribal  governments,  be  divided  per  capita 
among  the  members  of  the  tribes,  freedmen  excepted,  as  are 
other  funds  of  the  tribes.  All  improvements  upon  the  lands  so 
selected  which  were  lawfully  there  at  the  time  of  the  ratifica- 
tion of  this  agreement  by  Congress  shall  be  appraised,  under 
the  direction  of  the  Secretary  of  the  Interior,  at  the  true  value 


1 86  Choctaw-Chickasaw  Treaty. 

thereof  at  the  time  of  the  selection  of  said  lands,  and  shall  be 
paid  for  by  warrants  drawn  by  the  Secretary  of  the  Interior 
upon  the  Treasurer  of  the  United  States.  Until  otherwise 
provided  by  law,  the  Secretary  of  the  Interior  may,  under  rules 
prescribed  for  that  purpose,  regulate  and  control  the  use  of 
the  water  of  said  springs  and  creeks  and  the  temporary  use  and 
occupation  of  the  lands  so  ceded.  No  person  shall  occupy  any 
portion  of  the  lands  so  ceded  or  carry  on  any  business  thereon, 
except  as  provided  in  said  rules,  and  until  otherwise  provided 
by  Congress  the  laws  of  the  United  States  relating  to  the  in- 
troduction, possession,  sale,  and  giving  away  of  liquors  or  in- 
toxicants of  any  kind  within  the  Indian  country  or  Indian  res- 
ervations shall  be  applicable  to  the  lands  so  ceded,  and  said 
lands  shall  remain  within  the  jurisdiction  of  the  United  States 
court  for  the  southern  district  of  Indian  Territory:  Provided, 
however,  That  nothing  contained  in  this  section  shall  be  con- 
strued or  held  to  commit  the  Government  of  the  United  States 
to  any  expenditure  of  money  upon  said  lands  or  the  improve- 
ments thereof,  except  as  provided  herein,  it  being  the  intention 
of  this  provision  that  in  the  future  the  lands  and  improvements 
herein  mentioned  shall  be  conveyed  by  the  United  States  to 
such  Territorial  or  State  organization  as  may  exist  at  the  time 
when  such  conveyance  is  made. 

In  re  Webb,  225  U.  S.  663,  56  L.  Ed.  1248. 

MISCELLANEOUS. 

Patents  to  Minors,  etc. — Acceptance. 

65.  The  acceptance  of  patents  for  minors,  prisoners,  con- 
victs, and  incompetents  by  persons  authorized  to  select  their 
allotments  for  them  shall  be  sufficient  to  bind  such  minors,  pris- 
oners, convicts,  and  incompetents  as  to  the  conveyance  of  all 
other  lands  of  the  tribes. 

Patents — To  Be  Recorded. 

66.  All  patents  to  allotments  of  land,  when  executed,  shall 
be  recorded  in  the  office  of  the  Commission  to  the  Five  Civil- 


Choctaw-Chickasaw  Treaty.  187 

ized  Tribes  within  said  nations  in  books  appropriate  for  the 
purpose,  until  such  time  as  Congress  shall  make  other  suitable 
provision  for  record  of  land  titles  as  provided  in  the  Atoka 
agreement,  without  expense  to  the  grantee;  and  such  records 
shall  have  like  effect  as  other  public  records. 

The  30,000  Land  Suits,   199  Fed.  811. 

U.  S.  v.  Cherokee  Nation,  202  U.  S.  102,  50  L.  Ed.  949. 

Repeal — Sec.  3  of  Original  Curtis  Act  Not  In  Force. 

67.  The  provisions  of  section  three  of  the  act  of  Congress 
approved  June  twenty-eighth,  eighteen  hundred  and  ninety- 
eight  (30  Stats.  495),  shall  not  apply  to  or  in  any  manner  affect 
the  lands  or  other  property  of  the  Choctaws  and  Chickasaws 
or  Choctaw  and  Chickasaw  freedmen. 

Inconsistent  Laws. 

68.  No  act  of  Congress  or  treaty  provision,  nor  any  pro- 
vision of  the  Atoka  agreement,  inconsistent  with  this  agree- 
ment, shall  be  in  force  in  said  Choctaw  and  Chickasaw  nations. 

Williams  v.  Johnson,  32  Okla.  247,  122  Pac.  485. 
Redwine  v.  Ansley,  32  Okla.  317,   122  Pac.  679. 
Taylor  v.  Anderson,  197  Fed.  383. 
The  30,000  Land  Suits,  199  Fed.  811. 

Controversies — Determination  of. 

69.  All  controversies  arising  between  members  as  to  their 
right  to  select  particular  tracts  of  land  shall  be  determined  by 
the  Commission  to  the  Five  Civilized  Tribes. 

Gooding  v.  Watkins,  5  I.  T.  578,  82  S.  W.  913. 

Allotments — Selections  for  Minors,  etc. 

70.  Allotments  may  be  selected  and  homesteads  designated 
for  minors  by  the  father  or  mother,  if  members,  or  by  a  guard- 
ian or  curator,  or  the  administrator  having  charge  of  their 
estate,  in  the  order  named;  and  for  prisoners,  convicts,  aged, 
and  infirm  persons  by  duly  appointed  agents  under  power  of 
attorney ;  and  for  incompetents  by  guardians,  curators,  or  other 


1 88  Choctaw-Chickasaw  Treaty. 

suitable  person  akin  to  them  ;  but  it  shall  be  the  duty  of  said 
Commission  to  see  that  said  selections  are  made  for  the  best 
interests  of  such  parties. 

Contests — Limitation  on. 

71.  After  the  expiration  of  nine  months  after  the  date  of  the 
original  selection  of  an  allotment,  by  or  for  any  citizen  or 
freedmen  of  the  Choctaw  or  Chickasaw  tribes,  as  provided  in 
this  agreement,  no  contest  shall  be  instituted  against  such 
selection. 

Sorrels  v.  Jones,  26  Okla.  509,   110  Pac.  743. 
Frame  v.  Bivens,  189  Fed.  785. 

72.  There  shall  be  paid  to  each  citizen  of  the  Chicasaw 
Nation,  immediately  after  the  approval  of  his  enrollment  and 
right  to  participate  in  distribution  of  tribal  property,  as  herein 
provided,  the  sum  of  forty  dollars.  Such  payment  shall  be 
made  under  the  direction  of  the  Secretary  of  the  Interior,  and 
out  of  the  balance  of  the  "arrears  of  interest"  of  five  hundred 
and  fifty-eight  thousand  five  hundred  and  twenty  dollars  and 
fifty-four  cents  appropriated  by  the  act  of  Congress  approved 
June  twenty-eighth,  eighteen  hundred  and  ninety-eight,  entitled 
"An  act  for  the  protection  of  the  people  of  the  Indian  Terri- 
tory, and  for  other  purposes,"  yet  due  to  the  Chickasaws  and 
remaining  to  their  credit  in  the  Treasury  of  the  United  States  ; 
and  so  much  of  such  moneys  as  may  be  necessary  for  such. 
payment  are  hereby  appropriated  and  made  available  for  that 
purpose,  and  the  balance,  if  any  there  be,  shall  remain  in  the 
Treasury  of  the  United  States,  and  be  distributed  per  capita 
with  the  other  funds  of  the  tribes.  And  all  acts  of  Congress 
or  other  treaty  provisions  in  conflict  with  this  provision  are 
hereby  repealed. 

Agreement  Effective  After  Ratification. 

73.  This  agreement  shall  be  binding  upon  the  United  States 
and  upon  the  Choctaw  and  Chickasaw  nations  and  all  Choc- 
taws  and  Chickasaws,  when  ratified  by  Congress  and  by  a  ma- 


Choctaw-Chickasaw  Treaty.  189 

jority  of  the  whole  number  of  votes  cast  by  the  legal  voters 
of  the  Choctaw  and  Chickasaw  tribes  in  the  manner  follow- 
ing: The  principal  chief  of  the  Choctaw  Nation  and  the  gov- 
ernor of  the  Chickasaw  Nation  shall,  within  one  hundred  and 
twenty  days  after  the  ratification  of  this  agreement  by  Con- 
gress, make  public  proclamation  that  the  same  shall  be  voted 
upon  at  any  special  election  to  be  held  for  that  purpose  within 
thirty  days  thereafter,  on  a  certain  clay  therein  named ;  and  all 
male  citizens  of  each  of  the  said  tribes  qualified  to  vote  under 
the  tribal  laws  shall  have  a  right  to  vote  at  the  election  precinct 
most  convenient  to  his  residence,  whether  the  same  be  within 
the  bounds  of  his  tribe  or  not.  And  if  this  agreement  be  rat- 
ified by  said  tribes  as  aforesaid,  the  date  upon  which  said  elec- 
tion is  held  shall  be  deemed  to  be  the  date  of  final  ratification. 

Williams  v.  Johnson,  32  Okla.  247,  122  Pac.  485. 
Taylor  v.  Anderson,   197  Fed.  383. 

Canvass  of  Votes — Proclamation. 

74.  The  votes  cast  in  both  the  Choctaw  and  Chickasaw  na- 
tions shall  be  forthwith  returned  and  duly  certified  by  the  pre- 
cinct officers  to  the  national  secretaries  of  said  tribes,  and  shall 
be  presented  by  said  national  secretaries  to  a  board  of  com- 
missioners consisting  of  the  principal  chief  and  the  national 
secretary  of  the  Choctaw  Nation  and  the  governor  and  national 
secretary  of  the  Chickasaw  Nation  and  two  members  of  the 
Commission  to  the  Five  Civilized  Tribes ;  and  said  board  shall 
meet  without  delay  at  Atoka,  Indian  Territory,  and  canvass 
and  count  said  votes,  and  make  proclamation  of  the  result. 

In  witness  whereof  the  said  Commissioners  do  hereby  affix 
their  names  at  Washington,  District  of  Columbia,  this  twenty- 
first  day  of  March,  1902. 


190  Choctaw-Chickasaw  Treaty. 

FURTHER  ANNOTATIONS. 


Choctaw-Chickasaw  Treaty.  191 

FURTHER  ANNOTATIONS. 


192  Cherokee  Treaty. 

CHEROKEE  TREATY. 

Approved  by  Act  of  Congress  July  1,  1902. 

Ratified  by  the  Cherokee  Nation  August  7,   1902. 

(32  Stat.  L.  716.) 

AN  ACT  TO  PROVIDE  FOR  THE  ALLOTMENT  OF  THE 

LANDS  OF  THE  CHEROKEE  NATION,  FOR  THE  DISPOSITION 

OF  TOWN  SITES  THEREIN,  AND  FOR  OTHER  PURPOSES. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED, 

definition  of  words  employed  herein. 

Definitions. 

Section  i.  The  words  "nation"  and  "tribe"  shall  each  be 
held  to  refer  to  the  Cherokee  Nation  or  tribe  of  Indians  in  In- 
dian Territory. 

Definitions. 

Sec.  2.  The  words  "principal  chief"  or  "chief  executive" 
shall  be  held  to  mean  the  principal  chief  of  said  tribe. 

Definitions. 

Sec.  3.  The  words  "Dawes  Commission"  or  "Commission'" 
shall  be  held  to  mean  the  United  States  Commission  to  the  Five 
Civilized  Tribes. 

Definitions. 

Sec.  4.  The  word  "minor"  shall  be  held  to  mean  males  un- 
der the  age  of  twenty-one  years  and  females  under  the  age  of 
eighteen  years. 

Definitions — Terms. 

Sec.  5.  The  terms  "allotable  lands"  or  "lands  allotable"  shall 
be  held  to  mean  all  the  lands  of  the  Cherokee  tribe  not  herein 
reserved  from  allotment. 


Cherokee  Treaty.  193 

Definitions. 

Sec.  6.  The  word  "select"  and  its  various  modifications,  as 
applied  to  allotments  and  homesteads,  shall  be  held  to  mean  the 
formal  application  at  the  land  office,  to  be  established  by  the 
Dawes  Commission  for  the  Cherokee  Nation,  for  particular 
tracts  of  land. 

Definitions. 

Sec.  7.  The  words  "Member"  or  "members"  and  "citizen" 
or  "citizens"  shall  be  held  to  mean  members  or  citizens  of -the 
Cherokee  Nation,  in  the  Indian  Territory. 

Definitions — Construction. 

Sec.  8.  Every  word  in  this  act  importing  the  masculine  gen- 
der may  extend  and  be  applied  to  females  as  well  as  males,  and 
the  use  of  the  plural  may  include  also  the  singular,  and  vice 
versa. 

APPRAISEMENT  OF  LANDS. 

Appraisement  of  Lands — True  Value. 

Sec.  9.  The  lands  belonging  to  the  Cherokee  tribe  of  In- 
dians in  Indian  Territory,  except  such  as  are  herein  reserved 
from  allotment,  shall  be  appraised  at  their  true  value :  Pro- 
vided, That  in  the  determination  of  the  value  of  such  land 
consideration  shall  not  be  given  to  the  location  thereof,  to  any 
timber  thereon,  or  to  any  mineral  deposits  contained  therein, 
and  shall  be  made  without  reference  to  improvements  which 
may  be  located  thereon. 

Lynch  v.  Harris,  124  Pac.  50,  33  Okla.  23,  36. 
Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 

Appraisement  by  Commission. 

Sec.  10.  The  appraisement,  as  herein  provided,  shall  be  made 
by  the  Commission  to  the  Five  Civilized  Tribes,  under  the  di- 
rection of  the  Secretary  of  the  Interior. 

Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 

VCT13 


194  Cherokee  Treaty. 

allotment  of  lands. 

Allotment  to  Citizens — Standard  Allotment. 

Sec.  ii.  There  shall  be  allotted  by  the  Commission  to  the 
Five  Civilized  Tribes  and  to  each  citizen  of  the  Cherokee  tribe, 
as  soon  as  practicable  after  the  approval  by  the  Secretary  of 
the  Interior  of  his  enrollment  as  herein  provided,  land  equal 
in  value  to  one  hundred  and  ten  acres  of  the  average  allotable 
lands  of  the  Cherokee  Nation,  to  conform  as  nearly  as  may  be 
to  the  areas  and  boundaries  established  by  the  government  sur- 
vey, which  land  may  be  selected  by  each  allottee  so  as  to  in- 
clude his  improvements. 

Ross  v.  Wright,  29  Okla.   186. 

Lynch  v.  Harris,  124  Pac.  50,  33  Okla.  23,  36. 

Henry  Gas  Co.  v.  U.  S.,  191  Fed.  132. 

Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 

Heckman  v.  U.  S.  224  U.  S.  413,  56  L.  Ed.  820. 

Bledsoe  v.  Wortman,  129  Pac.  841. 

Legal  Subdivisions. 

Sec.  12.  For  the  purpose  of  making  allotments  and  desig- 
nating homesteads  hereunder,  the  forty-acre,  or  quarter  of  a 
quarter  section,  subdivision  established  by  the  Government 
survey  may  be  dealt  with  as  if  further  subdivided  into  four 
equal  parts  in  the  usual  manner,  thus  making  the  smallest  legal 
subdivision  ten  acres,  or  a  quarter  of  a  quarter  of  a  quarter 
of  a  section. 

Heckman  v.  U.  S.,  224  U.  S.  413,  56  L.  Ed.  820. 

Homesteads  Inalienable  and  Non-Taxable. 

Sec.  13.  Each  member  of  said  tribe  shall,  at  the  time  of  the 
selection  of  his  allotment,  designate  as  a  homestead  out  of  said 
allotment  land  equal  in  value  to  forty  acres  of  the  average  al- 
lotable lands  of  the  Cherokee  Nation,  as  nearly  as  may  be, 
which  shall  be  inalienable  during  the  lifetime  of  the  allottee, 
not  exceeding  twenty-one  years  from  the  date  of  the  certificate 
of  allotment.     Separate  certificate  shall  issue  for  said  home- 


Cherokee  Treaty.  195 

stead.  During  the  time  said  homestead  is  held  by  the  allottee 
the  same  shall  be  non-taxable  and  shall  not  be  liable  for  any 
debt  contracted  by  the  owner  thereof  while  so  held  by  him. 

Whitmire  v.  Trapp,   12G  Pac.  578,  33  Okla.  429. 

Rentie  v.  McCoy,  12S  Pac.  244. 

Weilup  v.  Audrain,  128  Pac.  254. 

In  re  Washington's  Estate,   128  Pac.   1079. 

United  States  v.  Allen,  171  Fed.  909,  179  Fed.  13. 

Truskett  v.  Closser,  198  Fed.  835. 

The  30,000  Land  Suits,   199  Fed.  811. 

Heckman  v.  U.  S.,  224  U.  S.  413,  56  L.  Ed.  820. 

Restrictions  on  Alienation. 

Sec.  14.  Lands  allotted  to  citizens  shall  not  in  any  manner 
whatever  or  at  any  time  be  encumbered,  taken,  or  sold  to  se- 
cure or  satisfy  any  debt  or  obligation,  or  be  alienated  by  the 
allottee  or  his  heirs,  before  the  expiration  of  five  years  from 
the  date  of  the  ratification  of  this  act. 

Landrum  v.  Graham,  22  Okla.  458,  98  Pac.  432. 

Allen  v.  Oliver,  31  Okla.  356,  121  Pac.  226. 

In  re  Washington's  Estate,  128  Pac.   1079. 

United  States  v.  Allen,  171  Fed.  909,  179  Fed.  13. 

Truskett  v.  Closser,  198  Fed.  835. 

The  30,000  Land  Suits,  199  Fed.  811. 

Heckman  v.  U.  S.,  224  U.  S.  413,  56  L.  Ed.  820. 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286,  55  L.  Ed.  738. 

Bledsoe  v.  Wortman,  129  Pac.  841. 

Restrictions  on  Alienation. 

Sec.  15.  All  lands  allotted  to  the  members  of  said  tribe, 
except  such  land  as  is  set  aside  to  each  for  a  homestead  as 
herein  provided,  shall  be  alienable  in  five  years  after  issuance 
of  patent. 

Allen  v.  Oliver,  31  Okla.  356,  121  Pac.  226. 

United  States  v.  Allen,  171  Fed.  907,  179  Fed.  13. 

Truskett  v.  .Closser,  198  Fed.  835. 

The  30,000  Land  Suits,  199  Fed.  811. 

Heckman  v.  U.  S.,  224  U.  S.  413,  56  L.  Ed.  820. 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286,  55  L.  Ed.  738. 

Bledsoe  v.  Wortman,  129  Pac.  841. 


196  Cherokee  Treaty. 

Arbitrary  Allotments  by  Commission. 

Sec.  16.  If  for  any  reason  an  allotment  should  not  be  selected 
or  a  homestead  designated  by  or  on  behalf  of  any  member  of 
the  tribe,  it  shall  be  the  duty  of  said  Commission  to  make  said 
selection  and  designation. 

Minimum  Subdivisions. 

Sec.  17.  In  the  making  of  allotments  and  in  the  designation 
of  homesteads  for  members  of  said  tribe,  said  Commission 
shall  not  be  required  to  divide  lands  into  tracts  of  less  than  the 
smallest  legal  subdivision  provided  for  in  section  twelve 
hereof. 

Excessive  Holdings — Penalty. 

Sec.  18.  It  shall  be  unlawful  after  ninety  days  after  the 
ratification  of  this  act  by  the  Cherokees  for  any  member  of 
the  Cherokee  tribe  to  inclose  or  hold  possession  of,  in  any  man- 
ner, by  himself  or  through  another,  directly  or  indirectly,  more 
lands  in  value  than  that  of  one  hundred  and  ten  acres  of  aver- 
age allotable  lands  of  the  Cherokee  Nation,  either  for  him- 
self or  for  his  wife,  or  for  each  of  his  minor  children,  if  mem- 
bers of  said  tribe ;  and  any  member  of  said  tribe  found  in  such 
possession  of  lands,  or  having  the  same  in  any  manner  inclosed, 
after  the  expiration  of  ninety  days  after  the  date  of  the  ratifica- 
tion of  this  act  shall  be  deemed  guilty  of  a  misdemeanor. 
Bledsoe  v.  Wortman,  129  Pac.  841. 

Excessive  Holdings — Punishment  for. 

Sec.  19.  Any  person  convicted  of  violating  any  of  the  pro- 
visions of  section  eighteen  of  this  act  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  dollars,  shall  stand  com- 
mitted until  such  fine  and  costs  are  paid  (such  commitment 
not  to  exceed  one  day  for  every  two  dollars  of  said  fine  and 
costs),  and  shall  forfeit  possession  of  any  property  in  ques- 
tion, and  each  day  on  which  such  offense  is  committed  or  con- 
tinues to  exist  shall  be  deemed  a  separate  offense.  The  United 
States  district  attorney  for  the  northern  district  is  required 


Cherokee  Treaty.  197 

to  see  that  the  provisions  of  said  section  eighteen  are  strictly 
enforced,  and  he  shall  immediately,  after  the  expiration  of 
the  ninety  days  after  the  ratification  of  this  act,  proceed  to 
dispossess  all  persons  of  such  excessive  holdings  of  lands  and 
to  prosecute  them  for  so  unlawfully  holding  the  same,  and  the 
Commission  to  the  Five  Civilized  Tribes  shall  have  authority 
to  make  investigations  of  all  violations  of  section  eighteen  and 
make  report  thereon  to  the  Unted  States  district  attorney. 

Allotments  to  Heirs. 

Sec.  20.  If  any  person  whose  name  appears  upon  the  roll 
prepared  as  herein  provided  shall  have  died  subsequent  to  the 
first  day  of  September,  nineteen  hundred  and  two,  and  before 
receiving  his  allotment,  the  lands  to  which  such  person  would 
have  been  entitled  if  living  shall  be  allotted  in  his  name,  and 
shall,  with  his  proportionate  share  of  other  tribal  property, 
descend  to  his  heirs  according  to  the  laws  of  descent  and  dis- 
tribution as  provided  in  chapter  forty-nine  of  Mansfield's  Di- 
gest of  the  Statutes  of  Arkansas :  Provided,  That  the  allot- 
ment thus  to  be  made  shall  be  selected  by  a  duly  appointed 
administrator  or  executor.  If,  however,  such  administrator 
or  executor  be  not  duly  and  expeditiously  appointed,  or  fails 
to  act  promptly  when  appointed,  or  for  any  other  cause  such 
selection  be  not  so  made  within  a  reasonable  and  proper  time, 
the  Dawes  Commission  shall  designate  the  lands  thus  to  be  al- 
lotted. 

Austin  v.  Chambers,  124  Pae.  310,  33  Okla.  40. 
Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 

Allotment  Certificates  as.  Evidence  of  Title. 

Sec.  21.  Allotment  certificates  issued  by  the  Dawes  Com- 
mission shall  be  conclusive  evidence  of  the  right  of  an  allottee 
to  the  tract  of  land  described  therein,  and  the  United  States 
Indian  agent  for  the  Union  Agency  shall,  under  the  direction 
of  the  Secretary  of  the  Interior,  upon  the  application  of  the 
allottee,  place  him  in  possession  of  his  allotment,  and  shall  re- 


198  Cherokee  Treaty. 

move  therefrom  all  persons  objectionable  to  him,  and  the  acts 
of  the  Indian  agent  hereunder  shall  not  be  controlled  by  the 
writ  or  process  of  any  court. 

Lynch  v.  Harris,   124  Pac.  50,  33  Okla.  23,  3G. 
Redbird  v.  U.  S.,  203  U.  S.  80,  51  L.  Ed.  96. 

Exclusive  Jurisdiction  in  Commission. 

Sec.  22.  Exclusive  jurisdiction  is  hereby  conferred  upon 
the  Commission  to  the  Five  Civilized  Tribes,  under  the  direc- 
tion of  the  Secretary  of  the  Interior,  to  determine  all  matters 
relative  to  the  appraisement  and  the  allotment  of  lands. 

Dick  v.  Ross,  6  I.  T.  85,  89  S.  W.  6G4. 
Lynch  v.  Harris,  124  Pac.  50,  33  Okla.  23,  3(1. 

Delaware — Cherokee  Allotments. 

Sec.  23.  All  Delaware  Indians  who  are  members  of  the 
Cherokee  Nation  shall  take  lands  and  share  in  the  funds  of  the 
tribe,  as  their  rights  may  be  determined  by  the  judgment  of  the 
Court  of  Claims,  or  by  the  Supreme  Court  if  appealed,  in  the 
suit  instituted  therein  by  the  Delawares  against  the  Cherokee 
Nation,  and  now  pending;  but  if  said  suit  be  not  determined 
before  said  Commission  is  ready  to  begin  the  allotment  of 
lands  of  the  tribe  as  herein  provided,  the  Commission  shall 
cause  to  be  segregated  one  hundred  and  fifty-seven  thousand 
six  hundred  acres  of  land,  including  lands  which  have  been 
selected  and  occupied  by  Delawares  in  conformity  to  the  pro- 
visions of  their  agreement  with  the  Cherokees  dated  April 
eighth,  eighteen  hundred  and  sixty-seven,  such  lands  so  to  re- 
main, subject  to  disposition  according  to  such  judgment  as  may 
be  rendered  in  said  cause;  and  said  Commission  shall  there- 
upon proceed  to  the  allotment  of  the  remaining  lands  of  the 
tribe  as  aforesaid.  Said  Commission  shall,  when  final  judg- 
ment is  rendered,  allot  lands  to  such  Delawares  in  conformity 
to  the  terms  of  the  judgment  and  their  individual  rights  there- 
under. Nothing  in  this  act  shall  in  any  manner  impair  the 
rights  of  either  party  to  said  contract  as  the  same  may  be 


Cherokee  Treaty.  199 

finally  determined  by  the  court,  or  shall  interfere  with  the  hold- 
ings of  the  Delawares  under  their  contract  with  the  Cherokees 
of  April  eighth,  eighteen  hundred  and  sixty-seven,  until  their 
rights  under  said  contract  are  determined  by  the  courts  in  theit 
suit  now  pending  against  the  Cherokees,  and  said  suit  shall  be 
advanced  on  the  dockets  of  said  courts  and  determined  at  the 
earliest  time  practicable. 

Delaware   Indians  v.   Cherokee   Indians,   193   U.   S.    130,   48   L.   Ed, 
646. 

RESERVATIONS. 

Reservations — Townsites — Schools,  etc. 

Sec.  24.  The  following  lands  shall  be  reserved  from  the  al- 
lotment of  lands  herein  provided  for : 

(a)  All  lands  set  apart  for  town  sites  by  the  provision  of 
the  act  of  Congress  of  June  twenty-eighth,  eighteen  hundred 
and  ninety-eight  (Thirtieth  Statutes,  page  four  hundred  and 
ninety-five),  the  provisions  of  the  act  of  Congress  of  May 
thirty-first,  nineteen  hundred  (Thirty-first  Statutes,  page  two 
hundred  and  twenty-one),  and  by  the  provisions  of  this  act. 

(b)  All  lands  to  which,  upon  the  date  of  the  ratification 
of  this  act,  any  railroad  company  may,  under  any  treaty  or  act 
of  Congress,  have  a  vested  right  for  right  of  way,  depots,  sta- 
tion grounds,  water  stations,  stock  yards,  or  similar  uses  only, 
connected  with  the  maintenance  and  operation  of  the  railroad. 

(c)  All  lands  selected  for  town  cemeteries  not  to  exceed 
twenty  acres  each. 

(d)  One  acre  of  land  for  each  Cherokee  schoolhouse  not 
included  in  town  sites  or  herein  otherwise  provided  for. 

(e)  Four  acres  for  Willie  Halsell  College  at  Vinita. 

(f)  Four  acres  for  Baptist  Mission  school  at  Tahlequah. 

(g)  Four  acres  for  Presbyterian  school  at  Tahlequah. 
(h)     Four  acres  for  Park  Hill  Mission  school  south  of  Tah- 
lequah. 

(i)  Four  acres  for  Elm  Springs  Mission  School  at  Barren 
Fork. 


200  Cherokee  Treaty. 

(j)      Four  acres  for  Dwight  Mission  school  at  Sallisaw. 
(k)     Four  acres  for  Skiatook  Mission  near  Skiatook. 

(1)  Four  acres  for  Lutheran  Mission  School  on  Illinois 
River  north  of  Tahlequah. 

(m)  Sufficient  ground  for  burial  purposes  where  neighbor- 
hood cemeteries  are  now  located,  not  to  exceed  three  acres 
each. 

(n)     One  acre  for  each  church  house  outside  of  towns. 

(o)  The  square  now  occupied  by  the  capitol  building  at 
Tahlequah. 

(p)  The  grounds  now  occupied  by  the  national  jail  at 
Tahlequah. 

(q)  The  grounds  now  occupied  by  the  Cherokee  Advocate 
printing  office  at  Tahlequah. 

(r)  Forty  acres  for  the  Cherokee  Male  Seminary  near 
Tahlequah. 

(s)  Forty  acres  for  the  Cherokee  Female  Seminary  at 
Tahlequah. 

(t)  One  hundred  and  twenty  acres  for  the  Cherokee  Or- 
phan Asylum  on  Grand  River. 

(u)  Forty  acres  for  colored  high  school  in  Tahlequah  dis- 
trict. 

(v)      Forty  acres  for  Cherokee  Insane  Asylum. 

(w)  Four  acres  for  the  school  for  blind,  deaf,  and  dumb 
children  near  Fort  Gibson. 

The  acre  so  reserved  for  any  church  or  schoolhouse  in  any 
quarter  section  of  land  shall  be  located  where  practicable  in 
a  corner  of  such  quarter  section  adjacent  to  the  section  lines 
thereof. 

Provided,  That  the  Methodist  Episcopal  Church  South,  may, 
within  twelve  months  after  the  ratification  of  this  act,  pay  ten 
dollars  per  acre  for  the  one  hundred  and  sixty  acres  of  land 
adjacent  to  the  town  of  Vinita,  and  heretofore  set  apart  by 
act  of  the  Cherokee  national  council  for  the  use  of  said  church 
for  missionary  and  educational  purposes,  and  now  occupied 
by  Willie  Halsell  College   (formerly  Galloway  College),  and 


Cherokee  Treaty.  201 

shall  thereupon  receive  title  thereto;  but  if  said  church  fail  so 
to  do  it  may  continue  to  occupy  said  one  hundred  and  sixty 
acres  of  land  as  long  as  it  uses  same  for  the  purposes  afore- 
said. 

Any  other  school  or  college  in  the  Cherokee  Nation  which 
claims  to  be  entitled  under  the  law  to  a  greater  number  of 
acres  than  is  set  apart  for  said  school  or  college  by  section 
twenty-four  of  this  act  may  have  the  number  of  acres  to  which 
it  is  entitled  by  law.  The  trustees  of  such  school  or  college 
shall,  within  sixty  days  after  the  ratification  of  this  act,  make 
application  to  the  Secretary  of  the  Interior  for  the  number 
of  acres  to  which  such  school  or  college  claims  to  be  entitled, 
and  if  the  Secretary  of  the  Interior  shall  find  that  such  school 
or  college  is,  under  the  laws  and  treaties  of  the  Cherokee  Na- 
tion in  force  prior  to  the  ratification  of  this  act,  entitled  to  a 
greater  number  of  acres  of  land  than  is  provided  for  in  this 
act,  he  shall  so  determine  and  his  decision  shall  be  final.  The 
amount  so  found  by  the  Secretary  of  the  Interior  shall  be  set 
apart  for  the  use  of  such  college  or  school  as  long  as  the  same 
may  be  used  for  missionary  and  educational  purposes :  Pro- 
vided, That  the  trustees  of  such  school  or  college  shall  pay  ten 
dollars  per  acre  for  the  number  of  acres  so  found  by  the  Sec- 
retary of  the  Interior  and  which  have  been  heretofore  set  apart 
by  act  of  the  Cherokee  national  council  for  use  of  such  school 
or  college  for  missionary  or  educational  purposes,  and  upon 
the  payment  of  such  sum  within  sixty  days  after  the  decision 
of  the  Secretary  of  the  Interior  said  college  or  school  may  re- 
ceive a  title  to  such  land. 

Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 
ROLL  OF  CITIZENSHIP. 

Persons  Entitled — Living  September  1,   1902. 

Sec.  25.  The  roll  of  citizens  of  the  Cherokee  Nation  shall 
be  made  as  of  September  first,  nineteen  hundred  and  two,  and 
the  names  of  all  persons  then  living  and  entitled  to  enrollment 


202  Cherokee  Treaty. 

on  that  date  shall  be  placed  on  said  roll  by  the  Commission  to 
the  Five  Civilized  Tribes. 

Robinson  v.  Owen,  30  Okla.  484,  119  Pae.  995. 
Gritts  v.  Fisher,  224  U.  S.  G40,  50  L.  Ed.  928. 
Redbird  v.  U.  S.,  203  U.  S.  80,  51  L.  Ed.  9G. 

Persons  Entitled  to  Enrollment. 

Sec.  26.  The  names  of  all  persons  living  on  the  first  day  of 
September,  nineteen  hundred  and  two,  entitled  to  be  enrolled 
as  provided  in  section  twenty-five  hereof,  shall  be  placed  upon 
the  roll  made  by  said  Commission,  and  no  child  born  thereafter 
to  a  citizen,  and  no  white  person  who  has  intermarried  with 
a  Cherokee  citizen  since  the  sixteenth  day  of  December,  eigh- 
teen hundred  and  ninety-five,  shall  be  entitled  to  enrollment 
or  to  participate  in  the  distribution  of  the  tribal  property  of  the 
Cherokee  Nation. 

Robinson  v.   Owen,  30  Okla.  4S4,   119  Pae.  995. 
Gritts  v.  Fisher,  224  U.  8.  G40,  56  L.  Ed.  928. 
Redbird  v.  U.  S.,  203  U.  S.  80,  51  L.  Ed.  9G. 
Muskrat  v.  U.  S.,  219  U.  S.  346,  55  L.  Ed.  246. 

Rolls  of  Citizenship — Preparation. 

Sec.  27.  Such  rolls  shall  in  all  other  respects  be  made  in 
strict  compliance  with  the  provisions  of  section  twenty-one 
of  the  act  of  Congress  approved  June  twenty-eighth,  eighteen 
hundred  ninety-eight  (Thirtieth  Statutes,  page  four  hundred 
and  ninety-five)  and  the  act  of  Congress  approved  May  thirty- 
first,  nineteen  hundred  (Thirty-first  Statutes,  page  two  hun- 
dred and  twenty-one). 

Robinson  v.  Owen,  30  Okla.  484,  119  Pae.  995. 
Gritts  v.  Fisher,  224  U.  S.  640,  5G  L.  Ed.  928. 
Redbird  v.  U.  S.,  203  U.  S.  80,  51  L.  Ed.  96. 
Lowe  v.  Fisher,  223  U.  S.  95,  56  L.  Ed.  364. 

Rolls,  of  Citizenship — Exclusion. 

Sec.  28.  No  person  whose  name  appears  upon  the  roll  made 
by  the  Dawes  Commission  as  a  citizen  or  freedman  of  any 


Cherokee  Treaty.  203 

other  tribe  shall  be  enrolled  as  a  citizen  of  the  Cherokee  Na- 
tion. 

Robinson  v.  Owen,  30  Okla.  484,  119  Pac.  995. 

Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 

Redbird  v.  U.  S.,  203  U.  S.  80,  51  L.  Ed.  96. 

Rolls  of  Citizenship — Preparation — Disposition. 

Sec.  29.  For  the  purpose  of  expediting  the  enrollment  of 
the  Cherokee  citizens  and  the  allotment  of  lands  as  herein 
provided,  the  said  Commission  shall,  from  time  to  time,  and 
as  soon  as  practicable,  forward  to  the  Secretary  of  the  Interior 
lists  upon  which  shall  be  placed  the  names  of  those  persons 
found  by  the  Commission  to  be  entitled  to  enrollment.  The 
lists  thus  prepared,  when  approved  by  the  Secretary  of  the 
Interior,  shall  constitute  a  part  and  parcel  of  the  final  roll  of 
citizens  of  the  Cherokee  tribe  upon  which  allotment  of  land  and 
distribution  of  other  tribal  property  shall  be  made.  When 
there  shall  have  been  submitted  to  and  approved  by  the  Sec- 
tary of  the  Interior  lists  embracing  the  names  of  all  those 
lawfully  entitled  to  enrollment,  the  roll  shall  be  deemed  com- 
plete. The  roll  so  prepared  shall  be  made  in  quadruplicate, 
one  to  be  deposited  with  the  Secretary  of  the  Interior,  one 
with  the  Commissioner  of  Indian  Affairs,  one  with  the  prin- 
cipal chief  of  the  Cherokee  Nation,  and  one  to  remain  with 
the  Commission  to  the   Five  Civilized  Tribes. 

Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 
Redbird  v.  U.  S.,  203  U.  S.  80,  51  L.  Ed.  96. 
Lowe  v.  Fisher,  223  U.  S.  95,  56  L.  Ed.  364. 

Applications  for  Enrollment — Infants. 

Sec.  30.  During  the  months  of  September  and  October,  in 
the  year  nineteen  hundred  and  two,  the  Commission  to  the  Five 
Civilized  Tribes  may  receive  applications  for  enrollment  of 
such  infant  children  as  may  have  been  born  to  recognized  and 
enrolled  citizens  of  the  Cherokee  Nation  on  or  before  the  first 
day  of  September,  nineteen  hundred  and  two,  but  the  applica- 
tion of  no  person  whomsoever  for  enrollment  shall  be  received 


204  Cherokee  Treaty. 

after  the  thirty-first  day   of  October,   nineteen   hundred   and 
two. 

Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 
Redbird  v.  U.  S.,  203  U.  S.  80,  51  L.  Ed.  96. 

Exclusion  of  Persons  Not  on  Rolls  of  Citizenship. 

Sec.  31.  No  person  whose  name  does  not  appear  upon  the 
roll  prepared  as  herein  provided  shall  be  entitled  to  in  any 
manner  participate  in  the  distribution  of  the  common  property 
of  the  Cherokee  tribe,  and  those  whose  names  appear  thereon 
shall  participate  in  the  manner  set  forth  in  this  act :  Provided, 
That  no  allotment  of  land  or  other  tribal  property  shall  be 
made  to  any  person,  or  to  the  heirs  of  any  person,  whose  name 
is  on  said  roll  and  who  died  prior  to  the  first  day  of  Septem- 
ber, nineteen  hundred  and  two.  The  right  of  such  person  to 
any  interest  in  the  lands  or  other  tribal  property  shall  be 
deemed  to  have  become  extinguished  and  to  have  passed  to 
the  tribe  in  general  upon  his  death  before  said  date,  and  any 
person  or  persons  who  may  conceal  the  death  of  anyone  on 
said  roll  as  aforesaid  for  the  purpose  of  profiting  by  said  con- 
cealment, and  who  shall  knowingly  receive  any  portion  of  any 
land  or  other  tribal  property  or  of  the  proceeds  so  arising  from 
any  allotment  prohibited  by  this  section,  shall  be  deemed  guilty 
of  a  felony,  and  shall  be  proceeded  against  as  may  be  provided 
in  other  cases  of  felony,  and  the  penalty  for  this  offense  shall 
be  confinement  at  hard  labor  for  a  period  of  not  less  than  one 
year  nor  more  than  five  years,  and  in  addition  thereto  a  for- 
feiture to  the  Cherokee  Nation  of  the  lands,  other  tribal  prop- 
erty, and  proceeds  so  obtained. 

Gritte  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 
Redbird  v.  U.  S.,  203  U.  S.  80,  51  L.  Ed.  96. 

SCHOOLS. 

School  Funds — Use  of. 

Sec.  32.     The  Cherokee  school  fund  shall  be  used,  under 
the  direction  of  the  Secretary  of  the  Interior,  for  the  education 


Cherokee  Treaty.  205 

of  children  of  Cherokee  citizens,  and  the  Cherokee  schools 
shall  be  conducted  under  rules  prescribed  by  him  according 
to  Cherokee  laws,  subject  to  such  modifications  as  he  may  deem 
necessary  to  make  the  schools  most  effective  and  to  produce 
the  best  possible  results;  said  schools  to  be  under  the  super- 
vision of  a  supervisor  appointed  by  the  Secretary  and  a  school 
board  elected  by  the  national  council. 

Schools — Teachers. 

Sec.  33.  All  teachers  shall  be  examined  by  said  supervisor, 
and  said  school  board  and  competent  teachers  and  other  per- 
sons to  be  engaged  in  and  about  the  schools  with  good  moral 
character  only  shall  be  employed;  but  where  all  qualifications 
are  equal,  preference  shall  be  given  to  citizens  of  the  Cherokee 
Nation  in  such  employment. 

Schools — Expenditure   of  Funds. 

Sec.  34.  All  moneys  for  carrying  on  the  schools  shall  be  ap- 
propriated by  the  Cherokee  national  council,  not  to  exceed  the 
amount  of  the  Cherokee  school  fund ;  but  if  the  council  fail  or 
refuse  to  make  the  necessary  appropriations,  the  Secretary  of 
the  Interior  may  direct  the  use  of  a  sufficient  amount  of  the 
school  fund  to  pay  all  necessary  expenses  for  the  efficient  con- 
duct of  the  schools,  strict  account  therefor  to  be  rendered  to 
him  and  the  principal  chief. 

Schools — Accounts. 

Sec.  35.  All  accounts  for  expenditures  in  carrying  on  the 
schools  shall  be  examined  and  approved  by  said  supervisor, 
and  also  by  the  general  superintendent  of  Indian  schools  in  the 
Indian  Territory,  before  payment  thereof  is  made. 

Orphan's  Fund — Interest. 

Sec.  36.  The  interest  arising  from  the  Cherokee  orphan 
fund  shall  be  used,  under  the  direction  of  the  Secretary  of  the 
Interior,  for  maintaining  the  Cherokee  Orphan  Asylum  for 
the  benefit  of  the  Cherokee  orphan  children. 


206  Cherokee  Treaty. 

roads. 

Roads. 

Sec.  37.  Public  highways  or  roads  two  rods  in  width,  being 
one  rod  on  each  side  of  the  section  line,  may  be  established  along 
all  section  lines  without  any  compensation  being  paid  there- 
for, and  all  allottees,  purchasers,  and  others  shall  take  the 
title  to  such  lands  subject  to  this  provision;  and  public  high- 
ways or  roads  may  be  established  elsewhere  whenever  neces- 
sary for  the  public  good,  the  actual  value  of  the  land  taken 
elsewhere  than  along  section  lines,  to  be  determined  under 
the  direction  of  the  Secretary  of  the  Interior  while  the  tribal 
government  continues  and  to  be  paid  by  the  Cherokee  Na- 
tion during  that  time ;  and  if  buildings  or  other  improvements 
are  damaged  in  consequence  of  the  establishment  of  such 
public  highways  or  roads,  whether  along  section  lines  or  else- 
where, such  damages,  during  the  continuance  of  the  tribal  gov- 
ernment, shall  be  determined  and  paid  for  the  same  manner. 

Mills  v.  Glasscock,  26  Okla.  123,  110  Pac.  377. 
TOWN  SITES. 

Townsites — Limit  to  Acreage. 

Sec.  38.  The  lands  which  may  hereafter  be  set  aside  and  re- 
served for  town  sites  upon  the  recommendation  of  the  Dawes 
Commission  under  the  provisions  of  the  act  of  Congress  ap- 
proved May  thirty-first,  nineteen  hundred  (Thirty-first  Stat- 
utes, page  two  hundred  and  twenty-one),  shall  embrace  such 
acreage  as  may  be  necessary  for  the  present  needs  and  rea- 
sonable prospective  growth  of  such  town  sites,  not  to  exceed 
six  hundred  and  forty  acres  for  each  town  site. 

Ross   v.   Stewart,   25   Okla.   611,    108   Pac.    870,   construing   sections 
38-57. 

Town  Lots — Right  of  Occupant  to  Purchase. 

Sec.  39.  Whenever  any  tract  of  land  shall  be  act  aside  by 
the  Secretary  of  the  Interior  for  town-site  purposes,  as  pro- 


Cherokee  Treaty.  207 

vided  in  said  act  of  May  thirty-first,  nineteen  hundred,  or  by 
the  terms  of  this  act,  which  is  occupied  at  the  time  of  such  seg- 
regation -by  any  member  of  the  Cherokee  Nation,  such  oc- 
cupant shall  be  allowed  to  purchase  any  lot  upon  which  he 
then  has  improvements  other  than  fences,  tillage,  and  tempo- 
rary improvements,  in  accordance  with  the  provisions  of  the 
act  of  June  twenty-eighth,  eighteen  hundred  and  ninety- 
eight  (Thirtieth  Statutes,  page  four  hundred  and  ninety-five), 
or,  if  he  so  elects,  the  lot  will  be  sold  under  rules  and  regula- 
tions to  be  prescribed  by  the  Secretary  of  the  Interior,  and 
he  shall  be  fully  compensated  for  his  improvements  there- 
on out  of  the  funds  of  the  tribe  arising  from  the  sale  of  the 
town  sites,  the  value  of  such  improvements  to  be  determined 
by  a  board  of  appraisers,  one  member  of  which  shall  be  ap- 
pointed by  the  Secretary  of  the  Interior,  one  by  the  chief  execu- 
tive of  the  tribe,  and  one  by  the  occupant  of  the  land,  said 
board  of  appraisers  to  be  paid  such  compensation  for  their 
services  as  may  be  determined  by  the  Secretary  of  the  Interior 
out  of  any  appropriations  for  surveying,  laying  out,  platting, 
and  selling  town  sites. 

Townsites — Survey — Appraisement — Sale. 

Sec.  40.  All  town  sites  which  may  hereafter  be  set  aside  by 
the  Secretary  of  the  Interior  on  the  recommendation  of  the 
Commission  to  the  Five  Civilized  Tribes,  under  the  provisions 
of  the  act  of  Congress  approved  May  thirty-first,  nineteen 
hundred  (Thirty-first  Statutes,  page  two  hundred  and  twenty- 
one),  with  the  additional  acreage  added  thereto,  as  well  as  all 
town  sites  set  aside  under  the  provisions  of  this  act  having  a 
population  of  less  than  two  hundred,  shall  be  surveyed,  laid  out, 
platted,  appraised,  and  disposed  of  in  like  manner,  and  with 
like  preference  rights  accorded  to  owners  of  improvements  as 
other  town  sites  in  the  Cherokee  Nation  are  surveyed,  laid  out, 
platted,  appraised,  and  disposed  of  under  the  act  of  Congress  of 
June  twenty-eight,  eighteen  hundred  and  ninety-eight 
(Thirtieth   Statutes,  page   four  hundred   and   ninety-five),   as 


208  Cherokee  Treaty. 

modified  or  supplemented  by  the  act  of  May  Thirty-first,  nine- 
teen hundred :  Provided,  That  as  to  the  town  sites  set  aside  as 
aforesaid,  the  owner  of  the  improvements  shall  be  required  to 
pay  the  full  appraised  value  of  the  lot  instead  of  the  percentage 
named  in  said  act  of  June  twenty-eighth,  eighteen  hundred  and 
ninety-eight  (Thirtieth  Statutes,  page  four  hundred  and  nine- 
ty-five). 

Town  Lots — Right  of  Occupant  to  Purchase. 

Sec.  41.  Any  person  being  in  possession  or  having  the  righ^ 
to  the  possession  of  any  town  lot  or  lots,  as  surveyed  and 
platted  under  the  direction  of  the  Secretary  of  the  Interior, 
in  accordance  with  the  act  of  Congress  approved  May  thirty- 
first,  nineteen  hundred  (Thirty-first  Statutes,  page  two 
hundred  and  twenty-one),  the  occupancy  of  which  lot  or  lots 
was  originally  acquired  under  any  town-site  act  of  the  Cherokee 
Nation,  and  owning  improvements  thereon,  other  than  tem- 
porary buildings,  fencing,  or  tillage,  shall  have  the  right  to 
purchase  the  same  at  one-fourth  of  the  appraised  value  there- 
of. 

Town  Lots — Right  of  Occupant  to  Purchase. 

Sec.  42.  Any  person  being  in  possession  of,  or  having  the 
right  to  the  possession  of,  any  town  lot  or  lots,  as  surveyed  and 
platted  under  the  direction  of  the  Secretary  of  the  Interior,  in 
accordance  with  the  act  of  Congress  approved  May  thirty-first, 
nineteen  hundred  (Thirty-first  Statutes,  page  two  hundred  and 
twenty-one),  the  occupancy  of  which  lot  or  lots  was  originally 
acquired  under  any  town-site  act  of  the  Cherokee  Nation,  and 
not  having  any  improvements  thereon,  shall  have  the  right  to 
purchase  the  same  at  one-half  of  the  appraised  value  there- 
of. 

Town  Lots — Right  of  Occupant  to  Purchase. 

Sec.  43.  Any  citizen  in  rightful  possession  of  any  town 
lot  having  improvements  thereon  other  than  temporary  build- 
ings, fencing,  and  tillage,  the  occupancy  of  which  has  not  been 


Cherokee  Treaty.  209 

acquired  under  tribal  laws,  shall  have  the  right  to  purchase 
same  by  paying  one-half  the  appraised  value  thereof  :  Provided, 
That  any  other  person  in  undisputed  possession  of  any  town 
lot  having  improvements  thereon  other  than  temporary  build- 
ings, fencing,  and  tillage,  the  occupancy  of  which  has  not  been 
acquired  under  tribal  laws,  shall  have  the  right  to  purchase 
such  lot  by  paying  the  appraised  value  thereof. 

Town  Lots — Sale  of  Unimproved  Lots. 

Sec.  44.  All  lots  not  having  thereon  improvements  other 
than  temporary  buildings,  fencing,  and  tillage,  the  sale  or  dis- 
position of  which  is  not  herein  otherwise  specifically  provided 
for,  shall  be  sold  within  twelve  months  after  appraisement,  un- 
der the  direction  of  the  Secretary  of  the  Interior,  after  due 
advertisement,  at  public  auction,  to  the  highest  bidder,  at  not 
less  than  their  appraised  value. 

Town  Lots — Terms  of  Payment. 

Sec.  45.  When  the  appraisement  of  any  town  lot  is  made 
and  approved,  the  town-site  commission  shall  notify  the  claim- 
ant thereof  of  the  amount  of  appraisement,  and  he  shall,  within 
sixty  days  thereafter,  make  payment  of  ten  per  centum  of  the 
amount  due  for  the  lot,  and  four  months  thereafter  he  shall 
pav*  fifteen  per  centum  additional,  and  the  remainder  of  the 
purchase  money  he  shall  pay  in  three  equal  annual  installments 
without  interest ;  but  if  the  claimant  of  any  such  lot  fail  to 
purchase  same  or  make  the  first  and  second  payments  afore- 
said, or  make  any  other  payment  within  the  time  specified, 
the  lot  and  improvements  shall  be  sold  at  public  auction  to 
the  highest  bidder,  under  the  direction  of  the  Secretary  of  the 
Interior,  at  a  price  not  less  than  its  appraised  value. 

Town  Lots — Sale  of — Appraisal  of  Improvements. 

Sec.  46.  When  any  improved  lot  shall  be  sold  at  public 
auction  because  of  the  failure  of  the  person  owning  improve- 
ments thereon  to  purchase  same  within  the  time  allowed  in 
said  act  of  Congress  approved  June  twenty-eighth,  eighteen 

VCT14 


210  Cherokee  Treaty. 

hundred  and  ninety-eight  (Thirtieth  Statutes,  page  four 
hundred  and  ninety-five),  said  improvements  shall  be  appraised 
by  a  committee,  one  member  of  which  shall  be  selected  by  the 
owner  of  the  improvements  and  one  member  by  the  purchaser 
of  said  lot ;  and  in  case  the  said  committee  is  not  able  to  agree 
upon  the  value  of  said  improvements,  the  committee  may  select 
a  third  member,  and  in  that  event  the  determination  of  the 
majority  of  the  committee  shall  control.  Said  committee  of 
appraisement  shall  be  paid  such  compensation  for  their  serv- 
ices by  the  two  parties  in  interest,  share  and  share  alike,  as  may 
be  agreed  upon,  and  the  amount  of  said  appraisement  shall  be 
paid  by  the  purchaser  of  the  lot  to  the  owner  of  the  improve- 
ments in  cash  within  thirty  days  after  the  decision  of  the  com- 
mittee of  appraisement. 

Town  Lots — Terms  of  Payment. 

Sec.  47.  The  purchaser  of  any  unimproved  town  lot  sold 
at  public  auction  shall  pay  twenty-five  per  centum  of  the  pur- 
chase money  at  the  time  of  the  sale,  and  within  four  months 
thereafter  he  shall  pay  twenty-five  per  centum  additional,  and 
the  remainder  of  the  purchase  money  he  shall  pay  in  two  equal 
annual  installments  without  interest. 

Towns  of  Less  Than  Two  Hundred  Inhabitants. 

Sec.  48.  Such  towns  in  the  Cherokee  Nation  as  may  have  a 
population  of  less  than  two  hundred  people  not  otherwise  pro- 
vided for,  and  which,  in  the  judgment  of  the  Secretary  of  the 
Interior,  should  be  set  aside  as  town  sites,  shall  have  their 
limits  defined  as  soon  as  practicable  after  the  approval  of  this 
act  in  the  same  manner  as  provided  for  other  town  sites. 

Location  of  Cemeteries  and  Parks. 

Sec.  49.  The  town  authorities  of  any  town  site  in  said 
Cherokee  Nation  may  select  and  locate,  subject  to  the  approval 
of  the  Secretary  of  the  Interior,  a  cemetery  within  suitable 
distance  from  said  town,  to  embrace  such  number  of  acres  as 
may  be  deemed  necessary  for  such  purpose.     The  town-site 


Cherokee  Treaty.  211 

commission  shall  appraise  the  same  at  its  true  value,  and  the 
town  may  purchase  the  same  within  one  year  from  the  approval 
of  the  survey  by  paying  the  appraised  value.  If  any  citizen 
have  improvements  thereon,  said  improvements  shall  be  ap- 
praised by  said  town-site  commission  and  paid  for  by  the  town  : 
Provided,  That  lands  already  laid  out  by  tribal  authorities  for 
cemeteries  shall  be  included  in  the  cemeteries  herein  provided 
for  without  cost  to  the  towns,  and  the  holdings  of  the  burial 
lots  therein  now  occupied  for  such  purpose  shall  in  no  wise  be 
disturbed :  And  provided  further,  That  any  park  laid  out  and 
surveyed  in  anv  town  shall  be  duly  appraised  at  a  fair  valuation, 
and  the  inhabitants  of  said  town  shall,  within  one  year  after 
the  approval  of  the-  survey  and  the  appraisement  of  said 
park  by  the  Secretary  of  the  Interior,  pay  the  appraised  value 
to  the  proper  officer  for  the  benefit  of  the  tribe. 

Surveys — Payment  for. 

Sec.  50.  The  United  States  shall  pay  all  expenses  incident 
to  surveying,  platting,  and  disposition  of  town  lots,  and  all  al- 
lotments of  lands  made  under  the  provisions  of  this  plan  of 
allotment,  except  where  the  town  authorities  may  have  been  or 
may  be  duly  authorized  to  survey  and  plat  their  respective 
towns  at  the  expense  of  such  towns. 

Taxes. 

Sec.  51.  No  taxes  shall  be  assessed  by  any  town  govern- 
ment against  any  town  lot  remaining  unsold,  but  taxes  may  be 
assessed  against  any  town  lot  sold  as  herein  provided. 

Delinquent  Payments — Interest  on. 

Sec.  52.  If  the  purchaser  of  any  town  lot  fail  to  make  pay- 
ment of  any  sum  when  due,  the  same  shall  thereafter  bear  six 
per  centum  interest  per  annum  until  paid. 

Church  Lots — Gratuitous  Conveyance. 

Sec.  53.  All  lots  or  parts  of  lots,  not  exceeding  fifty  by  one 
hundred  and  fifty  feet  in  size,  upon  which  church  houses  and 


212  Cherokee  Treaty. 

parsonages  have  been  erected,  and  which  are  occupied  as  such 
at  the  time  of  the  appraisement,  shall  be  conveyed  gratuitously 
to  the  churches  to  which  such  improvements  belong,  and  if  such 
churches  have  inclosed  other  adjoining  lots  actually  necessary 
for  their  use,  they  may  purchase  the  same  by  paying  the  ap- 
praised value  thereof. 

Townsite  Commissions — Vacancies. 

Sec.  54.  Whenever  the  chief  executive  of  the  Cherokee  Na- 
tion fails  or  refuses  to  appoint  a  town-site  commissioner  for 
any  town,  or  .to  fill  any  vacancy  caused  by  the  neglect  or  refusal 
of  the  town-site  commissioners  appointed  by  the  chief  execu- 
tive to  qualify  or  act,  or  otherwise,  the  Secretary  of  the  In- 
terior, in  his  discretion,  may  appoint  a  commissioner  to  fill  the 
vacancy  thus  created. 

Payment  for  Town  Lots. 

Sec.  55.  The  purchaser  of  any  town  lot  may  at  any  time 
pay  the  full  amount  of  the  purchase  money,  and  he  shall 
thereupon  receive  title  therefor. 

Sales  of  Lots  at  Public  Auction — Bids. 

Sec.  56.  Any  person  may  bid  for  and  purchase  any  lot  sold 
at  public  auction  as  herein  provided. 

Courthouse  Lots — Purchase  by  United  States. 

Sec.  57.  The  United  States  may  purchase  in  any  town  in  the 
Cherokee  Nation  suitable  lands  for  court-houses,  jails,  or  other 
necessary  public  purposes  for  its  use  by  paying  the  appraised 
value  thereof,  the  same  to  be  selected  under  the  direction  of 
the  department  for  whose  use  such  lands  are  needed,  and  if 
any  person  have  improvements  thereon  the  same  shall  be  ap- 
praised in  like  manner  as  other  town  property,  and  shall  be 
paid  for  by  the  United  States. 

TITLES. 

Patents  to  Allotments. 

Sec.  58.  The  Secretary  of  the  Interior  shall  furnish  the 
principal  chief  with  blank  patents  necessary  for  all  conveyances 


Cherokee  Treaty.  213 

herein  provided  for,  and  when  any  citizen  receives  his  allot- 
ment of  land,  or  when  any  allotment  has  been  so  ascertained  and 
fixed  that  title  should  under  the  provisions  of  this  act  be  con- 
veyed, the  principal  chief  shall  thereupon  proceed  to  execute 
and  deliver  to  him  a  patent  conveying  all  the  right,  title,  and 
interest  of  the  Cherokee  Nation,  and  of  all  other  citizens,  in 
and  to  the  lands  embraced  in  his  allotment  certificate. 

Patents — Approval  by  Secretary. 

Sec.  59.  All  conveyances  shall  be  approved  by  the  Secretary 
of  the  Interior  which  shall  serve  as  a  relinquishment  to  the 
grantee  of  all  the  right,  title,  and  interest  of  the  United 
States  in  and  to  the  lands  embraced  in  his  patent. 

Lynch  v.  Harris,   124  Pac.  50,  33  Okla.  23,  36. 

Patents — Acceptance  of  by  Allottees. 

Sec.  60.  Any  allottee  accepting  such  patent  shall  be  deemed 
to  assent  to  the  allotment  and  conveyance  of  all  the  lands  of 
the  tribe  as  provided  in  this  act  and  to  relinquish  all  his  right, 
title,  and  interest  to  the  same,  except  in  the  proceeds  of  lands 
reserved  from  allotment. 

Lynch  v.  Harris,  124  Pac.  50,  33  Okla.  23,  36. 

Patents — Acceptance  for  Minors. 

Sec.  61.  The  acceptance  of  patents  for  minors  and  im- 
competents  by  persons  authorized  to  select  their  allotments  for 
them  shall  be  deemed  sufficient  to  bind  such  minors  and  in- 
competents as  to  the  conveyance  of  all  other  lands  of  the 
tribe. 

Patents — To  Be  Recorded. 

Sec.  62.  All  patents,  when  so  executed  and  approved,  shall 
be  filed  in  the  office  of  the  Dawes  Commission,  and  recorded  in 
a  book  provided  for  the  purpose,  until  such  time  as  Congress 
shall  make  other  suitable  provision  for  record  of  land  titles, 
without  expense  to  the  grantee,  and  such  records  shall  have 
like  effect  as  other  public  records. 


214  Cherokee  Treaty. 

miscellaneous. 

Tribal  Government — Termination  of. 

Sec.  63.  The  tribal  government  of  the  Cherokee  Nation 
shall  not  continue  longer  than  March  fourth,  nineteen  hundred 
and  six. 

Heekman  v.  U.  S.,  224  U.  S.  413,  56  L.  Ed.  820. 
Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 

Revenues  of  Tribe. 

Sec.  64.  The  collection  of  all  revenue  of  whatsoever  char- 
acter belonging  to  the  tribe  shall  be  made  by  an  officer  ap- 
pointed by  the  Secretary  of  the  Interior,  under  rules  and  regu- 
lations to  be  prescribed  by  the  said  Secretary. 

Powers  of  Secretary  of  Interior. 

Sec.  65.  All  things  necessary  to  carry  into  effect  the  pro- 
visions of  this  act,  not  otherwise  herein  specifically  provided 
for,  shall  be  done  under  the  authority  and  direction  of  the 
Secretary  of  the  Interior. 

Lynch  v.  Harris,  124  Pac.  50,  33  Okla.  23,  36. 

Tribal  Funds; — Disbursement  by  Secretary. 

Sec.  66.  All  funds  of  the  tribe,  and  all  moneys  accruing 
under  the  provisions  of  this  act,  shall  be  paid  out  under  the 
direction  of  the  Secretary  of  the  Interior,  and  when  required 
for  per  capita  payments  shall  be  paid  directly  to  each  individual 
by  an  appointed  officer  of  the  United  States,  under  the  direction 
of  the  Secretary  of  the  Interior. 

Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 

Debts — Payment  of. 

Sec.  67.  The  Secretary  of  the  Interior  shall  cause  to  be 
paid  all  just  indebtedness  of  said  tribe  existing  at  the  date  of 
the  ratification  of  this  act  which  may  have  lawfully  been  con- 
tracted, and  warrants  therefor  regularly  issued  upon  the  sev- 
eral funds  of  the  tribe,  as  also  warrants  drawn  by  authority  of 


Cherokee  Treaty.  215 

law  hereafter  and  prior  to  the  dissolution  of  the  tribal  govern- 
ment, such  payments  to  be  made  from  any  funds  in  the  United 
States  Treasury  belonging  to  said  tribe, 'and  all  such  indebted- 
ness of  the  tribe  shall  be  paid  in  full  before  any  pro  rata  dis- 
tribution of  the  funds  of  the  tribe  shall  be  made.  The  Secre- 
tary of  the  Interior  shall  make  such  payments  at  the  earliest 
time  practicable,  and  he  shall  make  all  needed  rules  and  regu- 
lations to  carry  this  provision  into  effect. 

Gritts  v.  Fisher,  224  U.  S.  640,  5G  L.  Ed.  928. 

Claims  vs.  United  States — Referred  to  Court  of  Claims. 

Sec.  68.  Jurisdiction  is  hereby  conferred  upon  the  Court 
of  Claims  to  examine,  consider,  and  adjudicate,  with  a  right  of 
appeal  to  the  Supreme  Court  of  the  United  States  by  any  party 
in  interest  feeling  aggrieved  at  the  decision  of  the  Court  of 
Claims,  any  claim  which  the  Cherokee  tribe,  or  any  band 
thereof,  arising  under  treaty  stipulations,  may  have  against  the 
United  States,  upon  which  suit  shall  be  instituted  within  two 
years  after  the  approval  of  this  act ;  and  also  to  examine,  con- 
sider, and  adjudicate  any  claim  which  the  United  States  may 
have  against  said  tribe,  or  any  band  thereof.  The  institution, 
prosecution,  or  defense  as  the  case  may  be,  on  the  part  of  the 
tribe  or  any  band,  of  any  such  suit,  shall  be  through  attorneys 
employed  and  to  be  compensated  in  the  manner  prescribed  in 
sections  twenty-one  hundred  and  three  to  twenty-one  hundred 
and  six,  both  inclusive,  of  the  Revised  Statutes  of  the  United 
States,  the  tribe  acting  through  its  principal  chief  in  the  em- 
ployment of  such  attorneys,  and  the  band  acting  through  a  com- 
mittee recognized  by  the  Secretary  of  the  Interior.  The  Court 
of  Claims  shall  have  full  authority,  by  proper  orders  and  pro- 
cess, to  make  parties  to  any  such  suit  all  persons  whose  pres- 
ence in  the  litigation  it  may  deem  necessary  or  proper  to  the 
final  determination  of  the  matter  in  controversy,  and  any  such 
suit  shall,  on  motion  of  either  party,  be  advanced  on  the  docket 
of  either  of  said  courts  and  be  determined  at  the  earliest  practi- 
cable time. 

Eastern  Cherokees  v.  U.  S.,  225  U.  S.  572,  56  L.  Ed.  1212. 


216  Cherokee  Treaty. 

Contests — Nine  Months.  Limitation. 

Sec.  69.  After  the  expiration  of  nine  months  after  the 
date  of  the  original  selection  of  an  allotment  by  or  for  any 
citizen  of  the  Cherokee  tribe  as  provided  in  this  act,  no  con- 
test shall  be  instituted  against  such  selection,  and  as  early 
thereafter  as  practicable  patent  shall  issue  therefor. 

Bartlesville  Vitrified  Brick  Co.  v.  Barker,  26  Okla.  144,  109  Pac.  72. 
Lynch  v.  Harris,  124  Pac.  50,  33  Okla.  23,  30. 
United  States  v.  Whitmire,   188  Fed.  422. 

Selection  of  Allotments  for  Minors. 

Sec.  70.  Allotments  may  be  selected  and  homesteads  desig- 
nated for  minors  by  the  father  or  mother,  if  citizens,  or  by  a 
guardian,  or  curator,  or  the  administrator  having  charge  of 
their  estate,  in  the  order  named ;  and  for  prisoners,  convicts, 
aged  and  infirm  persons,  and  solders  and  sailors  of  the 
United  States  on  duty  outside  of  the  Indian  Territory,  by  duly 
appointed  agents  under  power  of  attorney ;  and  for  incompe- 
tents by  guardians,  curators,  or  other  suitable  persons  akin 
to  them ;  but  it  shall  be  the  duty  of  said  Commission  to  see 
that  said  selections  are  made  for  the  best  interests  of  such 
parties. 

Lynch  v.  Harris,  124  Pac.  50,  33  Okla.  23,  36. 

Improvements — Payment  for  by  Allottee. 

Sec.  71.  Any  allottee  taking  as  his  allotment  lands  located 
around  the  Cherokee  National  Male  Seminary,  the  Cherokee 
National  Female  Seminary,  or  Cherokee  Orphan  Asylum  which 
have  not  been  reserved  from  allotment  as  herein  provided,  and 
upon  which  buildings,  fences,  or  other  property  of  the  Chero- 
kee Nation  are  located,  such  buildings,  fences  or  other  property 
shall  be  appraised  at  the  true  value  thereof  and  be  paid  for 
by  the  allottee  taking  such  lands  as  his  allotment,  and  the 
money  to  be  paid  into  the  Treasury  of  the  United  States  to 
the  credit  of  the  Cherokee  Nation. 


Cherokee  Treaty.  217 

Leasing  of  Allotted  Land — Limitations. 

Sec.  72.  Cherokee  citizens  may  rent  their  allotments  when 
selected  for  a  term  not  to  exceed  one  year  for  grazing  purposes 
only,  and  for  a  period  not  to  exceed  five  years  for  agricultural 
purposes,  but  without  any  stipulation  or  obligation  to  renew 
the  same;  but  leases  for  a  period  longer  than  one  year  for 
grazing  purposes,  and  for  a  period  longer  than  five  years  for 
agricultural  purposes  and  for  mineral  purposes  may  also  be 
made  with  the  approval  of  the  Secretary  of  the  Interior  and 
not  otherwise.  Any  agreement  or  lease  of  any  kind  or  char- 
acter violative  of  this  section  shall  be  absolutely  void  and  not 
susceptible  of  ratification  in  any  manner,  and  no  rule  of 
estoppel  shall  ever  prevent  the  assertion  of  its  invalidity. 
Cattle  grazed  upon  leased  allotments  shall  not  be  liable  to  any 
tribal  tax,  but  when  cattle  are  introduced  into  the  Cherokee 
Nation  and  grazed  on  lands  not  selected  as  allotments  by 
citizens  the  Secretary  of  the  Interior  shall  collect  from  the 
owners  thereof  a  reasonable  grazing  tax  for  the  benefit  of 
the  tribe,  and  section  twenty-one  hundred  and  seventeen  of 
the  Revised  Statutes  of  the  United  States  shall  not  hereafter 
apply  to  Cherokee  lands. 

Superior  Oil  &  Gas  Co.  v.  Mehlin,  25  Okla.  809,  108  Pac.  545. 

Jennings  v.  Wood,  192  Fed.  507. 

Barnsdall  \.  Owen,  200  Fed.  519. 

Turner  v.  Seep,  167  Fed.  646,  179  Fed.  74. 

Alluwee  Oil  Co.  v.  Shufflin,  32  Okla.  808,  124  Pac.  15. 

Inconsistent  Laws. 

Sec.  73.  The  provisions  of  section  thirteen  of  the  act  of 
Congress  approved  June  twenty-eight,  eighteen  hundred  and 
ninety-eight,  entitled  "An  act  for  the  protection  of  the  people 
of  the  Indian  Territory,  and  for  other  purposes,"  shall  not 
apply  to  or  in  any  manner  affect  the  lands  or  other  property 
of  said  tribe,  and  no  act  of  Congress  or  treaty  provision  in- 
consistent with  this  agreement  shall  be  in  force  in  said  nation 
except  sections  fourteen  and  twenty-seven  of  said  last  men- 


218  Cherokee  Treaty. 

tioned  act,  which  shall  continue  in  force  as  if  this  agreement 
had  not  been  made. 

In  re  Webb,  225  U.  S.  GG3,  50  L.  Ed.  1248. 

Act  to  Be  Ratified  Before  Effective. 

Sec.  74.  This  act  shall  not  take  effect  or  he  of  any  validity 
until  ratified  by  a  majority  of  the  whole  number  of  votes  cast 
by  the  legal  voters  of  the  Cherokee  Nation  in  the  manner  fol- 
lowing : 

Election — Proclamation. 

Sec.  75.  The  principal  chief  shall,  within  ten  days  after 
the  passage  of  this  act  by  Congress,  make  public  proclamation 
that  the  same  shall  be  voted  upon  at  a  special  election  to  be 
held  for  that  purpose  within  thirty  days  thereafter,  on  a  certain 
date  therein  named,  and  he  shall  appoint  such  officers  and 
make  such  other  provisions  as  may  be  necessary  for  holding 
such  election.  The  votes  cast  at  such  election  shall  be  forthwith 
duly  certified  as  required  by  Cherokee  law,  and  the  votes  shall 
be  counted  by  the  Cherokee  national  council,  if  then  in  session, 
and  if  not  in  session  the  principal  chief  shall  convene  an  ex- 
traordinary session  for  the  purpose,  in  the  presence  of  a  mem- 
ber of  the  Commission  to  the  Five  Civilized  Tribes,  and  said 
member  and  the  principal  chief  shall  jointly  make  certificate 
thereof  and  proclamation  of  the  result,  and  transmit  the  same 
to  the  President  of  the  United  States. 


Cherokee  Treaty.  219 

FURTHER  ANNOTATIONS. 


220  Cherokee  Treaty. 

FURTHER  ANNOTATIONS. 


Timber  and  Stone  Act,  1900.  221 


TIMBER  AND  STONE  ACT. 

Approved  June  6,    1900. 

(31  Stat.  L.  660.) 

Sale  of  Regulated  by  Secretary  of  Interior. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  Sec- 
retary of  the  Interior  is  authorized  to  prescribe  rules  and  reg- 
ulations for  the  procurement  of  timber  and  stone  for  such 
domestic  and  industrial  purposes,  including  the  construction, 
maintenance,  and  repair  of  railroads  and  other  highways,  to 
be  used  only  in  the  Indian  Territory,  as  in  his  judgment  he 
shall  deem  necessary  and  proper,  from  lands  belonging 
to  either  of  the  Five  Civilized  Tribes  of  Indians,  and  to  fix 
the  full  value  thereof  to  be  paid  therefor,  and  colect  the  same 
for  the  benefit  of  said  tribes;  and  every  person  who  unlaw- 
fully cuts,  or  aids,  or  is  employed  in  unlawfully  cutting,  or 
wantonly  destroys,  or  procures  to  be  wantonly  destroyed,  any 
timber  standing  upon  the  land  of  either  of  said  tribes,  or  sells 
or  transports  any  of  such  timber  or  stone  outside  of  the  Indian 
Territory,  contrary  to  the  regulations  prescribed  by  the  Secre- 
tary, shall  pay  a  fine  of  not  more  than  five  hundred  dollars,  or 
be  imprisoned  not  more  than  twelve  months,  or  both,  in  the 
discretion  of  the  court  trying  the  same. 


222  Timber  and  Stone  Act,  1903. 


ACT  OF  CONGRESS 

Approved  January  21,   1903. 

(32  Stat.  L.  774.) 

AN  ACT  TO  AMEND  AN  ACT  ENTITLED  "AN  ACT  TO  PROVIDE 
FOR  THE  USE  OF  TIMBER  AND  STONE  FOR  DOMESTIC 
AND  INDUSTRIAL  PURPOSES  IN  THE  INDIAN 
TERRITORY." 

Approved  June  6,  1900. 

Right  of  Citizens  to  Sell  Granted. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  Act 
entitled  "An  Act  to  provide  for  the  use  of  timber  and  stone 
for  domestic  and  industrial  purposes  in  the  Indian  Territory," 
approved  June  sixth,  nineteen  hundred,  be  amended  so  as  to 
read  as  follows : 

"That  the  Secretary  of  the  Interior  is  authorized  to  pre- 
scribe rules  and  regulations  for  the  procurement  of  timber 
and  stone  for  domestic  and  industrial  purposes,  including 
the  construction,  maintenance,  and  repairs  of  railroads  and 
other  highways,  to  be  used  only  in  the  Indian  Territory, 
or  upon  any  railroad  outside  of  the  said  Territory  which 
is  part  of  any  continuous  line  of  railroad  extending  into 
the  said  Territory,  from  lands  belonging  to  either  of  the 
Five  Civilized  Tribes,  and  to  fix  the  full  value  thereof  to 
be  paid  therefor  and  collect  the  same  for  the  benefit  of  said 
tribes:  Provided  however,  That  nothing  herein  con- 
tained shall  be  construed  to  prevent  allottees  from  dis- 
posing of  timber  and  stone  on  their  allotments,  as  provided 
in  section  sixteen  of  an  Act  entitled  'An  Act  for  the  pro- 
tection of  the  people  of  the  Indian  Territory,  and  for  other 
purposes,'  approved  June  twenty-eighth,  eighteen  hundred 
and  ninety-eight,  from  and  after  the  allotment  by  the  Com- 
mission to  the  Five  Civilized  Tribes. 


Recording  Act.  223 

Unlawful  Cutting  of  Timber  Prohibited. 

"Section  2.  That  every  person  who  unlawfully  cuts,  or  aids 
or  is  employed  in  unlawfully  cutting,,  or  wantonly  destroys, 
or  procures  to  be  wantonly  destroyed,  any  timber  standing  up- 
on the  lands  of  either  of  said  tribes  contrary  to  the  provisions 
of  this  Act  and  the  regulations  prescribed  thereunder  by  the 
Secretary  of  the  Interior,  shall  pay  a  fine  of  not  more  than  five 
hundred  dollars,  or  be  imprisoned  not  more  than  twelve  months, 
or  both,  in  the  discretion  of  the  court  trying  the  same." 


RECORDING  ACT 

Approved  February  19,  1903. 

(32  Stat.  L.  841.) 

AN    ACT    PROVIDING    FOR    RECORD    OF    DEEDS    AND    OTHER 

CONVEYANCES    AND    INSTRUMENTS    OF    WRITING    IN 

INDIAN  TERRITORY  AND  FOR  OTHER  PURPOSES. 

Arkansas  Recording  Law  Adopted. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  chapter 
twenty-seven  of  the  Digest  of  the  Statutes  of  Arkansas,  known 
as  Mansfield's  Digest  of  eighteen  hundred  and  eighty-four,  is 
hereby  extended  to  the  Indian  Territory,  so  far  as  the  same 
may  be  applicable  and  not  inconsistent  with  any  law  of  Con- 
gress :  Provided,  That  the  clerk  or  deputy  clerk  of  the  United 
States  court  of  each  of  the  courts  of  said  Territory  shall  be  ex 
officio  recorder  for  his  district  and  perform  the  duties  required 
of  recorder  in  the  chapter  aforesaid,  and  use  the  seal  of  such 
court  in  cases  requiring  a  seal,  and  keep  the  records  of  such 
office  at  the  office  of  said  clerk  or  deputy  clerk. 

It  shall  be  the  duty  of  each  clerk  or  deputy  clerk  of  such 
court  to  record  in  the  books  provided  for  his  office  all  deeds, 


224  Recording  Act. 

mortgages,  deeds  of  trust,  bonds,  leases,  covenants,  defeasances, 
bills  of  sale,  and  other  instruments  of  writing  of  or  concern- 
ing lands,  tenements,  goods,  or  chattels  ;  and  where  such  instru- 
ments are  for  a  period  of  time  limited  on  the  face  of  the  instru- 
ment they  shall  be  filed  and  indexed,  if  desired  by  the  holder 
thereof,  and  such  filing  for  the  period  of  twelve  months  from 
the  filing  thereof  shall  have  the  same  effect  in  law  as  if  recorded 
at  legnth.  The  fees  for  filing,  indexing,  and  cross  indexing 
such  instruments  shall  be  twenty-five  cents,  and  for  recording- 
shall  be  as  set  forth  in  section  thirty-two  hundred  and  forty- 
three  of  Mansfield'?  Digest  of  eighteen  hundred  and  eighty- 
four. 

That  the  said  clerk  or  deputy  clerk  of  such  court  shall 
receive  as  compensation  as  such  ex  officio  recorder  for  his 
district  all  fees  received  by  him  for  recording  instruments  pro- 
vided for  in  this  Act,  amounting  to  one  thousand  eight  hundred 
dollars  per  annum  or  less ;  and  all  fees  so  received  by  him  as 
aforesaid  amounting  to  more  than  the  sum  of  one  thousand 
eight  hundred  dollars  per  annum  shall  be  accounted  to  the  De- 
partment of  Justice,  to  be  applied  to  the  permanent  school 
fund  of  the  district  in  which  said  court  is  located. 

Such  instruments  heretofore  recorded  with  the  clerk  of 
any  United  States  Court  in  Indian  Territory  shall  not  be  re- 
quired to  be  again  recorded  under  this  provision,  but  shall  be 
transferred  to  the  indexes  without  further  cost,  and  such 
records  heretofore  made  shall  be  of  full  force  and  effect,  the 
same  as  if  made  under  this  statute. 

That  wherever  in  said  chapter  the  word  "county"  occurs 
there  shall  be  substituted  therefor  the  word  "district,"  and 
wherever  the  words  "State"  or  "State  of  Arkansas"  occur 
there  shall  be  substituted  therefor  the  words  "Indian  Terri- 
tory," and  wherever  the  words  "clerk"  or  "recorder"  occur 
there  shall  be  substituted  the  words  "clerk  or  deputy  clerk  of 
the  United  States  court." 

All  acknowledgments  of  deeds  of  conveyance  taken  with- 
in the  Indian  Territory  shall  be  taken  before  a  clerk  or  deputy 


Pipe  Line  Act.  225 

clerk  of  any  of  the  courts  in  said  Territory,  a  United  States 
commissioner,  or  a  notary  public  appointed  in  and  for  said, 
Territory. 

All  instruments  of  writing  the  filing  of  which  is  pro- 
vided for  by  law  shall  be  recorded  or  filed  in  the  office  of  the 
Clerk  or  deputy  clerk  at  the  place  of  holding  court  in  the 
recording  district  where  said  property  may  be  located,  ana 
which  said  recording  districts  are  bounded  as  follows : 

(The  remainder  of  this  act  describes  and  defines  twenty-five 
recording  districts  in  the  Indian  Territory.) 


ACT  OF  CONGRESS 


Approved   March   11,   1904. 
(33  Stat.  L.  65.) 

AN  ACT  AUTHORIZING  THE  SECRETARY  OF  THE  INTERIOR  TO 

GRANT  RIGHT  OF  WAY  FOR  PIPE  LINES  THROUGH 

INDIAN  LANDS. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  Sec- 
retary of  the  Interior  is  hereby  authorized  and  empowered  to 
grant  a  right  of  way  in  the  nature  of  an  easement  for  the  con- 
struction, operation,  and  maintenance  of  pipe  lines  for  the 
conveyance  of  oil  and  gas  through  any  Indian  reservation, 
through  any  lands  held  by  an  Indian  tribe  or  nation  in  the 
Indian  Territory,  through  any  lands  reserved  for  an  Indian 
agency  or  Indian  school,  or  for  other  purpose  in  connection  with 
the  Indian  service,  or  through  any  lands  which  have  been  al- 
lotted in  severalty  to  any  individual  Indian  under  any  law  or 
treaty,  but  which  have  not  been  conveyed  to  the  allottee  with 
full  power  of  alienation,  upon  the  terms  and  conditions  here- 
in expressed.    No  such  lines  shall  be  constructed  across  Indian 

VCT15 


226  Pipe  Line  Act. 

lands,  as  above  mentioned,  until  authority  therefor  has  first 
been  obtained  from,  and  the  maps  of  definite  location  of  said 
lines  approved  by,  the  Secretary  of  the  Interior:  Provided, 
That  the  construction  of  lateral  lines  from  the  main  pipe  line 
establishing  connection  with  oil  and  gas  wells  on  the  individual 
allotments  of  citizens  may  be  constructed  without  securing 
authority  from  the  Secretary  of  the  Interior  and  without  filing 
maps  of  definite  location,  when  the  consent  of  the  allottee  up- 
on whose  lands  oil  or  gas  wells  may  be  located  and  of  all 
other  allottees  through  whose  lands  said  lateral  pipe  lines  may 
pass  has  been  obtained  by  the  pipe  line  company :  Provided 
further,  That  in  case  it  is  desired  to  run  a  pipe  line  under  the 
line  of  any  railroad,  and  satisfactory  arrangements  can  not  be 
made  with  the  railroad  company,  then  the  question  shall  be  re- 
ferred to  the  Secretary  of  the  Interior,  who  shall  prescribe  the 
terms  and  conditions  under  which  the  pipe  line  company  shall 
be  permitted  to  lay  its  lines  under  said  railroad.  The  com- 
pensation to  be  paid  the  tribes  in  their  tribal  capacity  and  the 
individual  allottees  for  such  right  of  way  through  their  lands 
shall  be  determined  in  such  manner  as  the  Secretary  of  the 
Interior  may  direct,  and  shall  be  subject  to  his  final  approval. 
And  where  such  lines  are  not  subject  to  State  or  Territorial 
taxation  the  company  or  owner  of  the  line  shall  pay  to  the 
Secretary  of  the  Interior,  for  the  use  and  benefit  of  the  Indians, 
such  annual  tax  as  he  may  designate,  not  exceeding  five  dol- 
lars for  each  ten  miles  of  line  so  constructed  and  maintained 
under  such  rules  and  regulations  as  said  Secretary  may  pre- 
scribe. But  nothing  herein  contained  shall  be  so  construed  as  to 
exempt  the  owmers  of  such  lines  from  the  payment  of  any  tax 
that  may  be  lawfully  assessed  against  them  by  either  State, 
Territorial,  or  municipal  authority.  And  incorporated  cities  and 
towns  into  and  through  which  such  pipe  lines  may  be  con- 
structed shall  have  the  power  to  regulate  the  manner  of  con- 
struction therein,  and  nothing  herein  contained  shall  be  so 
construed  as  to  deny  the  right  of  municipal  taxation  in  such 
towns  and  cities,  and  nothing  herein  shall  authorize  the  use  of 


Coal  and  Asphalt  Lands.  227 

such  right  of  way  except  for  pipe  line,  and  then  only  so  far 
as  may  he  necessary  for  its  construction,  maintenance,  and 
care:  Provided,  That  the  rights  herein  granted  shall  not  ex- 
tend beyond  a  period  of  twenty  years :  Provided  further,  That 
the  Secretary  of  the  Interior,  at  the  expiration  of  said  twentv 
years,  may  extend  the  right  to  maintain  any  pipe  line  con- 
structed under  this  Act  for  another  period  not  to  exceed 
twenty  years  from  the  expiration  of  the  first  right,  upon  such 
terms  and  conditions  as  he  may  deem  proper. 

The  right  to  alter,  amend,  or  repeal  this  Act  is  expressly 
reserved. 

Texas  Company  v.  Henry,  126  Pac.  224. 


ACT  OF  CONGRESS 

Approved  April  28,  1904. 

(33  Stat,  L.  544.) 

AN   ACT   TO   AUTHORIZE    THE    SECRETARY   OF   THE    INTERIOR 

TO  ADD  TO  THE  SEGREGATION  OF  COAL  AND  ASPHALT 

LANDS  IN  THE  CHOCTAW  AND  CHICKASAW  NATIONS, 

INDIAN   TERRITORY,    AND   FOR    OTHER   PURPOSES. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  Sec- 
retary of  the  Interior  is  hereby  authorized  and  empowered  to 
segregate  and  reserve  from  allotment,  and  to  cancel  any  fil- 
ings or  applications  that  may  heretofore  have  been  made  with 
a  view  to  allotting  the  following  described  lands,  situate  in 
the  Choctaw  Nation,  to-wit:  The  north  half  of  the  south 
half  of  the  southeast  quarter,  and  the  northeast  quarter  of  the 
southeast  quarter  of  the  southwest  quarter  of  section  nine ; 
the  north  half  of  the  south  half  of  the  south  half  of  section 
ten;  the  north  half  of  the  south  half  of  the  south  half  of  sec- 


228  Coal  and  Asphalt  Lands. 

tion  eleven,  and  the  north  half  of  the  south  half  of  the  south- 
west quarter  of  section  twelve,  all  in  township  five  north, 
range  nineteen  east,  containing  two  hundred  and  fifty  acres, 
more  or  less ;  and  the  northwest  quarter  of  the  southwest 
quarter  of  section  eight,  township  five  north,  range  nineteen 
east,  and  the  southwest  quarter  of  the  northeast  quarter  of 
section  seven,  township  five  north,  range  nineteen  east,  con- 
taining eighty  acres,  more  or  less. 

That  the  provisions  of  sections  fifty-six  to  sixty-three,  in- 
clusive, of  the  Act  of  Congress  approved  July  first,  nineteen 
hundred  and  two,  entitled  "An  Act  to  ratify  and  confirm  an 
agreement  with  the  Choctaw  and  Chickasaw  trihes,  and  for  oth- 
er purposes,"  be,  and  the  same  are  hereby,  made  applicable  to 
the  lands  above  described,  the  same  as  if  the  said  described 
lands  had  been  made  a  part  of  the  segregation,  as  contemplated 
by  said  sections  fifty-six  to  sixty-three,  inclusive,  of  said  above 
Act  approved  July  first,  nineteen  hundred  and  two :  Provided. 
That  the  Secrtary  of  the  Interior  may,  in  his  discretion,  aid 
said  lands  to  and  make  them  a  part  of  the  coal  and  asphalt 
mining  leases  now  in  effect,  and  to  which  said  lands  above 
described  are  contiguous,  the  lands  in  each  case  to  be  added  to 
and  made  a  part  of  the  lease  to  which  they  are  adjacent  and 
which  they  join,  Government  subdivisions  being  followed  a?* 
nearly  as  possible :  Provided  further,  That  the  holder  or 
holders  of  the  lease  lease  or  leases  to  which  such  lands  shah 
be  added,  shall,  before  the  same  are  added,  pay  the  Indian  or 
Indians  who  have  filed  upon  or  applied  for  such  lands  as  their 
allotments,  or  who  are  in  possession  thereof,  the  value  of  the 
improvements  placed  on  the  land,  by  said  Indian  or  Indians, 
such  value  to  be  determined  under  the  direction  of  the  Sec- 
retary of  the  Interior:  And  Provided  further,  That  said 
lands  shall  be  sold  as  other  leased  coal  and  asphalt  lands  in  the 
Choctaw  and  Chickasaw  nations  in  the  Indian  Territory  are 
sold. 

That  the  Choctaw,  Oklahoma  and  Gulf  Railroad  Company 
is  hereby  authorized  and  empowered  to  sublet,  assign,  trans- 


Act  of  April  28,  1904.  229 

fer,  and  set  over  the  leases  which  it  now  has  upon  coal  lands 
in  Choctaw  Nation,  Indian  Territory,  or  any  of  them.  The 
assignees  or  sublessees  of  said  Choctaw,  Oklahoma  and  Gulf 
Railroad  Company  shall  file  good  and  sufficient  bonds  for  the 
faithful  performance  of  the  terms  of  the  original  leases,  to  be 
approved  by  the  Secretary  of  the  Interior. 


ACT  OF  CONGRESS 

Approved  April  28,   1004. 

(33  Stat.  L.  573.) 

AN  ACT  TO  PROVIDE  FOR  ADDITIONAL  UNITED  STATES  JUDGES 
IN  THE  INDIAN  TERRITORY.  AND  FOR  OTHER  PURPOSES. 

Arkansas  Laws  to  Extend  to  Estates  of  Citizens. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  there  shall 
be  appointed  by  the  President,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  four  additional  judges  of  the  United  States 
court  in  the  Indian  Territory,  one  for  the  northern  district, 
one  for  the  western  district,  one  for  the  central  district,  and  one 
for  the  southern  district.  And  said  judges  shall  have  all  the 
authority  and  exercise  all  the  powers,  perform  like  duties,  and 
receive  the  same  salary  as  other  judges  of  said  court,  and  shall 
each  serve  for  a  term  of  four  years  from  date  of  appointment, 
unless  said  offices  are  sooner  abolished  by  law.  Neither  the 
additional  judges,  nor  their  successors  in  office,  shall  be  mem- 
bers of  the  court  of  appeals  for  the  Indian  Territory,  but  they 
shall  hold  such  courts,  in  their  respective  districts,  as  may  be 
directed  by  the  court  of  appeals  of  the  Indian  Territory,  or 
majority  of  the  judges  thereof  in  vacation :  Provided,  That 
none  of  said  judges  shall  have  power  to  appoint  clerks  of  courts, 


230  Act  of  April  28,  1904. 

United  States  commissioners,  or  United  States  constables  in 
said  districts,  and  hereafter  at  least  three  terms  of  court  shall 
be  held  in  each  year,  at  each  place  of  holding  court  in  the  In- 
dian Territory,  the  times  to  be  fixed  in  the  manner  now  pro- 
vided by  law. 

All  the  laws  of  Arkansas  heretofore  put  in  force  in  the  In- 
dian Territory  are  hereby  continued  and  extended  in  their 
operation,  so  as  to  embrace  all  persons  and  estates  in  said  Ter- 
ritory, whether  Indian,  freedmen,  or  otherwise,  and  full  and 
complete  jurisdiction  is  hereby  conferred  upon  the  district 
courts  in  said  Territory  in  the  settlements  of  all  estates  of  de- 
cedents, the  guardianships  of  minors  and  incompetents,  whether 
Indians,  freedmen,  or  otherwise.  That  the  sum  of  twenty 
thousand  dollars  is  hereby  appropriated,  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated,  for  the  payment 
of  salaries  of  the  judges  hereby  authorized,  the  same  to  be 
immediately  available. 

In  re  Pofl's  Guardianship,  7  I.  T.  59,  103  S.  W.  705. 
Flayes  v.  Barringer,  7  T.  T.  697,  104  S.  W.  937. 
Hawkins  v.  Stevens,  21  Okla.  849.  97  Pac.  567. 
Jn  re  Feland's  Estate,  26  Okla.  448,   110  Pat.  730. 
In  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 
Taylor  v.  Parker,   126  Pac.  573,  33  Okla.   199. 
Morrison  v.   Bnrnette,   154  Fed.   617. 
United  States  v.  Shock,  187  Fed.  862. 
Bledsoe  v.  Wortman,  129  Pac.  841. 
Washington  v.  Miller,  129  Pac.  58. 


Act  of  April  26,  1906.  23 1 

ACT  OF  CONGRESS 

Approved  April  20,   1900. 

(34  Stat.  L.  137.) 

AN   ACT   TO   PROVIDE   FOR   THE   FINAL   DISPOSITION   OF   THE 

AFFAIRS  OF  THE  FIVE  CIVILIZED  TRIBES  IN  THE  INDIAN 

TERRITORY,  AND  FOR  OTHER   PURPOSES. 

Citizenship — Provisions  for  Enrollment. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  after  the 
approval  of  this  Act  no  person  shall  be  enrolled  as  a  citizen 
or  freedman  of  the  Choctaw,  Chickasaw,  Cherokee,  Creek,  or 
Seminole  tribes  of  Indians  in  the  Indian  Territory,  except  as 
herein  otherwise  provided,  unless  application  for  enrollment 
was  made  prior  to  December  first,  nineteen  hundred  and  five, 
and  the  records  in  charge  of  the  Commissioner  to  the  Five 
Civilized  Tribes  shall  be  conclusive  evidence  as  to  the  fact  of 
such  application ;  and  no  motion  to  reopen  or  reconsider  any 
citizenship  case,  in  any  of  said  tribes,  shall  be  entertained  un- 
less filed  with  the  Commissioner  to  the  Five  Civilized  Tribes 
within  sixty  days  after  the  date  of  the  order  or  decision  sought 
to  be  reconsidered  except  as  to  decisions  made  prior  to  the 
passage  of  this  Act,  in  which  cases  such  motion  shall  be  made 
within  sixty  days  after  the  passage  of  this  Act:  Provided, 
That  the  Secretary  of  the  Interior  may  enroll  persons  whose 
names  appear  upon  any  of  the  tribal  rolls  and  for  whom  the 
records  in  charge  of  the  Commissioner  to  the  Five  Civilized 
Tribes  show  application  was  made  prior  to  December  first, 
nineteen  hundred  and  five,  and  which  was  not  allowed  solely 
because  not  made  within  the  time  prescribed  by  law. 

Enrollment  of  Children— Payment  to  Cherokees— Equalization  of 
Creek  Allotments — Completion  of  Rolls. 
Section  2.    That  for  ninety  days  after  approval  hereof  ap- 
plications shall  be  received  for  enrollment  of  children  who  were 


232  Act  of  April  26,  1906. 

minors  living  March  fourth,  nineteen  hundred  and  six,  whose 
parents  have  been  enrolled  as  members  of  the  Choctaw,  Chick- 
asaw, Cherokee,  or  Creek  tribes,  or  have  applications  for  en- 
rollment pending  at  the  approval  hereof,  and  for  the  purpose 
of  enrollment  under  this  section  illegitimate  children  shall  take 
the  status  of  the  mother,  and  allotments  shall  be  made  to  chil- 
dren so  enrolled.  If  any  citizen  of  the  Cherokee  tribe  shall  fail 
to  receive  the  full  quantity  of  land  to  which  he  is  entitled  as 
an  allotment,  he  shall  be  paid  out  of  any  of  the  funds  of  such 
tribe  a  sum  equal  to  twice  the  appraised  value  of  the  amount 
of  land  thus  deficient.  The  provisions  of  section  nine  of  the 
Creek  agreement  ratified  by  Act  approved  March  first,  nine- 
teen hundred  and  one,  authorizing  the  use  of  funds  of  the 
Creek  tribe  for  equalizing  allotments,  are  hereby  restored  and 
re-enacted,  and  after  the  expiration  of  nine  months  from  the 
date  of  the  original  selection  of  an  allotment  of  land  in  the 
Choctaw,  Chickasaw,  Cherokee,  Creek  or  Seminole  tribes,  and 
after  the  expiration  of  six  months  from  the  passage  of  this 
Act  as  to  allotments  heretofore  made,  no  contest  shall  be  insti- 
tuted against  such  allotment :  Provided,  That  the  rolls  of  the 
tribes  affected  by  this  Act  shall  be  fully  completed  on  or  be- 
fore the  fourth  day  of  March,  nineteen  hundred  and  seven, 
and  the  Secretary  of  the  Interior  shall  have  no  jurisdiction  to 
approve  the  enrollment  of  any  person  after  said  date:  Pro- 
vided further,  That  nothing  herein  shall  be  construed  so  as  to 
hereafter  permit  any  person  to  file  an  application  for  enroll- 
ment in  any  tribe  where  the  date  for  filing  application  has  been 
fixed  by  agreement  between  said  tribe  and  the  United  States : 
Provided,  That  nothing  herein  shall  apply  to  the  intermarried 
whites  in  the  Cherokee  Nation,  whose  cases  are  now  pending 
in  the  Supreme  Court  of  the  United  States. 

Ligon  v.  Johnson,   164  Fed.  G70. 

Henry  Gas  Co.  v.  U.  S.  101  Fed.  132. 

Garfield  v.  Goldsby,  211  U.  S.  249,  52  L.  Fd.  168. 

Fleming  v.  MeCurtain,  215  U.  S.  56,  54  L.  Ed    88. 

Lowe  v.  Fisher,  223  U.  S.  95,  56  L.  Ed.  364. 

Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 


Act  of  April  26,  1906.  233 

Enrollment   of  Freedmen — Homesteads. 

Sec.  3.  That  the  approved  roll  of  Creek  freedmen  shall  in- 
clude only  those  persons  whose  names  appear  on  the  roll  pre- 
pared by  J.  W.  Dunn,  under  authority  of  the  United  States 
prior  to  March  fourteenth,  eighteen  hundred  and  sixty-seven, 
and  their  descendants  born  since  said  roll  was  made,  and  those 
lawfully  admitted  to  citizenship  in  the  Creek  Nation  subse- 
quent to  the  date  of  the  preparation  of  said  roll,  and  their  de- 
scendants born  since  such  admission,  except  such,  if  any,  as 
have  heretofore  been  enrolled  and  their  enrollment  approved 
by  the  Secretary  of  the  Interior. 

The  roll  of  Cherokee  freedmen  shall  include  only  such  per- 
sons of  African  descent,  either  free  colored  or  the  slaves  of 
Cherokee  citizens  and  their  descendants,  who  were  actual  per- 
sonal bona  fide  residents  of  the  Cherokee  Nation  August  elev- 
enth, eighteen  hundred  and  sixty-six,  or  who  actually  returned 
and  established  such  residence  in  the  Cherokee  Nation  on  or 
before  February  eleventh,  eighteen  hundred  and  sixty-seven ; 
but  this  provision  shall  not  prevent  the  enrollment  of  any  person 
who  has  heretofore  made  application  to  the  Commission  to  the 
Five  Civilized  Tribes  or  its  successor  and  has  been  adjudged 
entitled  to  enrollment  by  the  Secretary  of  the  Interior. 

Lands  allotted  to  freedmen  of  the  Choctaw  and  Chickasaw 
tribes  shall  be  considered  "homesteads,"  and  shall  be  subject 
to  all  the  provisions  of  this  or  any  other  Act  of  Congress  appli- 
cable to  homesteads  of  citizens  of  the  Choctaw  and  Chickasaw 
tribes. 

In  re  Davis'  Estate,  32  Okla,  209,  122  Pac.  547. 
Lowe  v.  Fisher,  223  U.  S.  95,  56  L.  Ed.  364. 

Transfers  from  Freedmen  to  Indian  Rolls  Prohibited. 

Sec.  4.  That  no  name  shall  be  transferred  from  the  ap- 
proved freedmen,  or  any  other  approved  rolls  of  the  Choctaw, 
Chickasaw,  Cherokee,  Creek,  or  Seminole  tribes,  respectively, 
to  the  roll  of  citizens  by  blood,  unless  the  records  in  charge 
of  the  Commissioner  to  the  Five  Civilized  Tribes  show  that 


234  Act  of  April  26,  1906. 

application  for  enrollment  as  a  citizen  by  blood  was  made  with- 
in the  time  prescribed  by  law  by  or  for  the  party  seeking  the 
transfer,  and  said  records  shall  be  conclusive  evidence  as  to 
the  fact  of  such  application,  unless  it  be  shown  by  documen- 
tary evidence  that  the  Commission  to  the  Five  Civilized  Tribes 
actually  received  such  application  within  the  time  prescribed  by 
law. 
Patents  to  Issue  in  Name  of  Allottee — To  Be  Recorded. 

Sec.  5.  That  all  patents  or  deeds  to  allottees  in  any  of  the 
Five  Civilized  Tribes  to  be  hereafter  issued  shall  issue  in  the 
name  of  the  allottee,  and  if  any  such  allottee  shall  die  before 
such  patent  or  deed  becomes  effective,  the  title  to  the  lands 
described  therein  shall  inure  to  and  vest  in  his  heirs,  and  in 
case  any  allottee  shall  die  after  restrictions  have  been  removed, 
his  property  shall  descend  to  his  heirs  or  his  lawful  assigns, 
as  if  the  patent  or  deed  had  issued  to  the  allottee  during  his 
life,  and  all  patents  heretofore  issued,  where  the  allottee  died 
before  the  same  became  effective,  shall  be  given  like  effect ;  and 
all  patents  or  deeds  to  allottees  and  other  conveyances  affect- 
ing lands  of  any  of  said  tribes  shall  be  recorded  in  the  office 
of  the  Commissioner  to  the  Five  Civilized  Tribes,  and  when 
so  recorded  shall  convey  legal  title,  and  shall  be  delivered  un- 
der the  direction  of  the  Secretary  of  the  Interior  to  the  party 
entitled  to  receive  the  same :  Provided,  The  provisions  of  this 
section  shall  not  affect  any  rights  involved  in  contests  pending 
before  the  Commissioner  to  the  Five  Civilized  Tribes  or  the 
.  Department  of  the  Interior  at  the  date  of  the  approval  of  this 
Act. 

DeGraffenreid  v.  Iowa  Land  &  Trust  Co.,  20  Okla.  687,  95  Pac.  624. 

In  re  Davis'  Estate,  32  Okla.  209,  122  Pae.  547. 

Shulthis  v.  MoDougal,  170  Fed.  529. 

The  30,000  Land  Suits,  199  Fed.  811. 

Goat  v.  U.  S.,  224  U.  S.  458,  56  L.  Ed.  841. 

Removal  of  Tribal  Chiefs — Approval  of  Deeds  on  Failure  of  Chief 
to  Execute. 
Sec.  6.    That  if  the  principal  chief  of  the  Choctaw,  Cherokee, 
Creek,  or  Seminole  tribe,  or  the  governor  of  the  Chickasaw 


Act  of  April  26,  1906.  235 

tribe  shall  refuse  or  neglect  to  perform  the  dirties  devolving 
upon  him,  he  may  be  removed  from  office  by  the  President  of 
the  United  States,  or  if  any  such  executive  become  perma- 
nently disabled,  the  office  may  be  declared  vacant  by  the  Pres- 
ident of  the  United  States,  who  may  fill  any  vacancy  arising 
from  removal,  disability  or  death  of  the  incumbent,  by  ap- 
pointment of  a  citizen  by  blood  of  the  tribe. 

If  any  such  executive  shall  fail,  refuse  or  neglect,  for  thirty 
days  after  notice  that  any  instrument  is  ready  for  his  signature, 
to  appear  at  a  place  to  be  designated  by  the  Secretary  of  the 
Interior  and  execute  the  same,  such  instrument  may  be  ap- 
proved by  the  Secretary  of  the  Interior  without  such  execution, 
and  when  so  approved  and  recorded  shall  convey  legal  title, 
and  such  approval  shall  be  conclusive  evidence  that  such  exec- 
utive or  chief  refused  or  neglected  after  notice  to  execute  such 
instrument. 

Provided,  That  the  principal  chief  of  the  Seminole  Nation 
is  hereby  authorized  to  execute  the  deeds  to  allottees  in  the 
Seminole  Nation  prior  to  the  time  when  the  Seminole  govern- 
ment shall  cease  to  exist. 

Goat  v.  U.  S.,  224  U.  S.  458,  56  L.  Ed.  841. 

Reservations  of  Choctaw  Lands — Appraisal  of  Timber. 

Sec.  7.  That  the  Secretary  of  the  Interior,  shall,  by  written 
order,  within  ninety  days  from  the  passage  of  this  Act,  segre- 
gate and  reserve  from  allotment  sections  one,  two,  three,  four 
five,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  the 
east  half  of  section  sixteen,  and  the  northeast  quarter  of  sec- 
tion six,  in  township  nine  south,  range  twenty-six  east,  and 
sections  five,  six,  seven,  eight,  seventeen,  eighteen,  and  the 
west  half  of  section  sixteen,  in  township  nine  south,  range 
twenty-seven  east,  Choctaw  Nation,  Indian  Territory,  except 
such  portions  of  said  lands  upon  which  substantial,  permanent, 
and  valuable  improvements  were  erected  and  placed  prior  to 
the  passage  of  this  Act  and  not  for  speculation,  but  by  mem- 
bers and  freedmen  of  the  tribes  actually  themselves  and   for 


236  Act  of  April  26,  1906. 

themselves  for  allotment  purposes,  and  where  such  identical 
members  or  freedmen  of  said  tribes  now  desire  to  select  same 
as  portions  of  their  allotments,  and  the  action  of  the  Secretary 
of  the  Interior  in  making  such  segregation  shall  be  conclusive. 
The  Secretary  of  the  Interior  shall  also  cause  to  be  estimated 
and  appraised  the  standing  pine  timber  on  all  of  said  land,  and 
the  land  segregated  shall  not  be  allotted,  except  as  hereinbe- 
fore provided,  to  any  member  or  freedman  of  the  Choctaw  or 
Chickasaw  tribes.  Said  segregated  land  and  pine  timber  there- 
on shall  be  sold  and  disposed  of  at  public  auction,  or  by  sealed 
bids  for  cash,  under  the  direction  of  the  Secretary  of  the  In- 
terior. 

Transfer  of  Land  Office  Records. 

Sec.  8.  That  the  records  of  each  of  the  land  offices  in  the 
Indian  Territory,  should  such  office  be  hereafter  discontinued, 
shall  be  transferred  to  and  kept  in  the  office  of  the  clerk  of  the 
United  States  court  in  whose  district  said  records  are  now 
located.  The  officer  having  custody  of  any  of  the  records  per- 
taining to  the  enrollment  of  the  members  of  the  Choctaw, 
Chickasaw,  Cherokee,  Creek,  or  Seminole  tribes,  and  the  dis- 
position of  the  land  and  other  property  of  said  tribes,  upon 
proper  application  and  payment  of  such  fees  as  the  Secretary 
of  the  Interior  may  prescribe,  may  make  certified  copies  of 
such  records,  which  shall  be  evidence  equally  with  the  origi- 
nals thereof ;  but  fees  shall  not  be  demanded  for  such  authen- 
ticated copies  as  may  be  required  by  officers  of  any  branch  of 
the  Government  nor  for  such  unverified  copies  as  such  officer, 
in  his  discretion,  may  deem  proper  to  furnish.  Such  fees  shall 
be  paid  to  bonded  officers  or  employees  of  the  Government, 
designated  by  the  Secretary  of  the  Interior,  and  the  same  or 
so  much  thereof  as  may  be  necessary  may  be  expended  under 
the  direction  of  the  Secretary  of  the  Interior  for  the  purposes 
of  this  section,  and  any  unexpended  balance  shall  be  deposited 
in  the  Treasury  of  the  United  States,  as  are  other  public 
moneys. 


Act  of  April  26,  1906.  237 

Claim  vs.  Mississippi  Choctaws — Referred  to  Court  of  Claims. 

Sec.  9.  The  disbursements,  in  the  sum  of  one  hundred  and 
eighty-six  thousand  dollars,  to  and  on  account  of  the  loyai 
Seminole  Indians,  by  James  E.  Jemkins,  special  agent  appointed 
by  the  Secretary  of  the  Interior,  and  by  A.  J.  Brown  as  ad- 
ministrator de  bonis  non,  under  an  Act  of  Congress  approved 
may  thirty-first,  nineteen  hundred,  appropriating  said  sum. 
be,  and  the  same  are  hereby,  ratified  and  confirmed:  Pro- 
vided, That  this  shall  not  prevent  any  individual  from  bring- 
ing suit  in  his  own  behalf  to  recover  any  sum  really  due  him. 

That  the  Court  of  Claims  is  hereby  authorized  and  directed 
to  hear,  consider,  and  adjudicate  the  claims  against  the  Mis- 
sissippi Choctaws  of  the  estate  of  Charles  F.  YVinton,  de- 
ceased, his  associates  and  assigns,  for  services  rendered  and 
expenses  incurred  in  the  matter  of  the  claims  of  the  Missis- 
sippi Choctaws  to  citizenship  in  the  Choctaw  Nation,  and  to 
render  judgment  thereon  on  the  principle  of  quantum  meruit, 
in  such  amounts  as  may  appear  equitable  or  justly  due  there- 
for, which  judgment,  if  any,  shall  be  paid  from  any  funds  now 
or  hereafter  due  such  Choctaws  by  the  United  States.  No- 
tice of  such  suit  shall  be  served  on  the  governor  of  the  Choc- 
taw Nation,  and  the  Attorney-General  shall  appear  and  de- 
fend the  said  suit  on  behalf  of  said  Choctaws. 

Secretary  to  Control  Tribal  Schools  and  School  Funds. 

Sec.  10.  That  the  Secretary  of  the  Interior  is  hereby  au- 
thorized and  directed  to  assume  control  and  direction  of  the 
schools  in  the  Choctaw,  Chickasaw,  Cherokee,  Creek,  and  Sem- 
inole tribes,  with  the  lands  and  all  school  property  pertaining 
thereto,  March  fifth,  nineteen  hundred  and  six,  and  to  conduct 
such  schools  under  rules  and  regulations  to  be  prescribed  by 
him,  retaining  tribal  educational  officers,  subject  to  dismissal  by 
the  Secretary  of  the  Interior,  and  the  present  system  so  far 
as  practicable,  until  such  time  as  a  public  school  system  shall 
have  been  established  under  Territorial  or  State  government, 
and  proper  provision  made  thereunder  for  the  education  of  the 


238  Act  of  April  26,  1906. 

Indian  children  of  said  tribes,  and  he  is  hereby  authorized 
and  directed  to  set  aside  a  sufficient  amount  of  any  funds, 
invested  or  otherwise,  in  the  Treasury  of  the  United  States, 
belonging  to  said  tribes,  including  the  royalties  on  coal  and 
asphalt  in  the  Choctaw  and  Chickasaw  nations,  to  defray  all 
the  necessary  expenses  of  said  schools,  using,  however,  only 
such  portion  of  said  funds  of  each  tribe  as  may  be  requisite  for 
the  schools  of  that  tribe,  not  exceeding  in  any  one  year  for 
the  respective  tribes  the  amount  expended  for  the  scholastic 
year  ending  June  thirtieth,  nineteen  hundred  and  five;  and 
he  is  further  authorized  and  directed  to  use  the  remainder,  if 
any,  of  the  funds  appropriated  by  the  Act  of  Congress  ap- 
proved March  third,  nineteen  hundred  and  five,  "for  the  main- 
tenance, strengthening,  and  enlarging  of  the  tribal  schools  of 
the  Cherokee,  Creek,  Choctaw,  Chickasaw,  and  Seminole  na- 
tions," unexpended  March  fourth,  nineteen  hundred  and  six, 
including  such  fees  as  have  accrued  or  may  hereafter  accrue 
under  the  Act  of  Congress  approved  February  nineteenth,  nine- 
teen hundred  and  three.  Statutes  at  Large,  volume  thirty-two, 
page  eight  hundred  and  forty-one,  which  fees  are  hereby  ap- 
propriated, in  continuing  such  schools  as  may  have  been  estab- 
lished, and  in  establishing  such  new  schools  as  lie  may  direct, 
and  any  of  the  tribal  funds  so  set  aside  remaining  unexpended 
when  a  public  school  system  under  a  future  State  or  Territorial 
government  has  been  established,  shall  be  distributed  per  capita 
among  the  citizens  of  the  nations,  in  the  same  manner  as  other 
funds. 

Collection  of  Tribal  Revenues — Tribal  Taxes  Abolished. 

Sec.  11.  That  all  revenues  of  whatever  character  accruing 
to  the  Choctaw,  Chickasaw,  Cherokee,  Creek,  and  Seminole 
tribes,  whether  before  or  after  dissolution  of  the  tribal  govern- 
ments, shall,  after  the  approval  hereof,  be  collected  by  an  offi- 
cer appointed  by  the  Secretary  of  the  Interior  under  rules  and 
regulations  to  be  prescribed  by  him;  and  he  shall  cause  to  be 
paid  all  lawful  claims  against  said  tribes  which  may  have  been 


Act  of  April  26,  1906.  239 

contracted  after  July  first,  nineteen  hundred  and  two,  or  for 
which  warrants  have  been  regularly  issued,  such  payments  to 
be  made  from  any  funds  in  the  United  States  Treasury  be- 
longing to  said  tribes.  All  such  claims  arising  before  dissolu- 
tion of  the  tribal  governments  shall  be  presented  to  the  Secre- 
tary of  the  Interior  within  six  months  after  such  dissolution, 
and  he  shall  make  all  rules  and  regulations  necessary  to  carrv 
this  provision  into  effect  and  shall  pay  all  expenses  incident  to 
the  investigation  of  the  validity  of  such  claims  or  indebtedness 
out  of  the  tribal  funds:  Provided,  That  all  taxes  accruing 
under  tribal  laws  or  regulations  of  the  Secretary  of  the  In- 
terior shall  be  abolished  from  and  after  December  thirty-first, 
nineteen  hundred  and  five,  but  this  provision  shall  not  prevent 
the  collection  after  that  date  nor  after  dissolution  of  the  tribal 
government  of  all  such  taxes  due  up  to  and  including  Decem- 
ber thirty-first,  nineteen  hundred  and  five,  and  all  such  taxes 
levied  and  collected  after  the  thirty-first  day  of  December, 
nineteen  hundred  and  five,  shall  be  refunded. 

Upon  dissolution  of  the  tribal  governments,  every  officer, 
member,  or  representative  of  said  tribes,  respectively,  having 
in  his  possession,  custody,  or  control  any  money  or  other  prop- 
erty of  any  tribe  shall  make  full  and  true  account  and  report 
thereof  to  the  Secretary  of  the  Interior,  and  shall  pay  all  money 
of  the  tribe  in  his  possession,  custody,  or  control,  and  shall 
deliver  all  other  tribal  property  so  held  by  him,  to  the  Secretary 
of  the  Interior,  and  if  any  person  shall  wilfully  and  fraudu- 
lently fail  to  account  for  all  such  money  and  property  so  held 
by  him,  or  to  pay  and  deliver  the  same  as  herein  provided  for 
sixty  days  from  dissolution  of  the  tribal  government,  he  shall 
be  deemed  guilty  of  embezzlement  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  exceeding  five  thousand  dol- 
lars or  by  imprisonment  not  exceeding  five  years,  or  by  both 
such  fine  and  imprisonment,  according  to  the  laws  of  the  United 
States  relating  to  such  offense,  and  shall  be  liable  to  civil  pro- 
ceedings to  be  prosecuted  in  behalf  of  and  in  the  name  of  the 
tribe  for  the  amount  or  value  of  the  money  or  property  so 
withheld. 


240  Act  of  April  26,  1906. 

Sec.  12.  That  the  Secretary  of  the  Interior  is  authorized  to 
sell,  upon  such  terms  and  under  such  rules  and  regulations  as 
he  may  prescribe,  all  lots  in  towns  in  the  Choctaw  and  Chick- 
asaw nations  reserved  from  appraisement  and  sale  for  use  in 
connection  with  the  operation  of  coal  and  asphalt  mining  leases 
or  for  the  occupancy  of  miners  actually  engaged  in  working 
for  lessees  operating  coal  and  asphalt  mines,  the  proceeds  aris- 
ing from  such  sale  to  be  deposited  in  the  Treasury  of  the  United 
States  as  are  other  funds  of  said  tribes. 

If  the  purchaser  of  any  town  lot  sold  under  the  provisions 
of  law  regarding  the  sale  of  town  sites  in  the  Choctaw,  Chick- 
asaw, Cherokee,  Creek,  or  Seminole  nations  fail  for  sixty  days 
after  the  approval  hereof  to  pay  the  purchase  price  or  any  in- 
stallment thereof  then  due,  or  shall  fail  for  thirty  days  to  pay 
the  purchase  price  or  any  installment  thereof  falling  due  here- 
after, he  shall  forfeit  all  rights  under  his  purchase,  together 
with  all  money  paid  thereunder,  and  the  Secretary  of  the  In- 
terior may  cause  the  lots  upon  which  such  forfeiture  is  made 
to  be  resold  at  public  auction  for  cash,  under  such  rules  and 
regulations  as  he  may  prescribe.  All  municipal  corporations 
in  the  Indian  Territory  are  hereby  authorized  to  vacate  streets 
and  alleys,  or  parts  thereof,  and  said  streets  and  alleys,  when 
vacated,  shall  revert  to  and  become  the  property  of  the  abutting 
property  owners. 

Coal  and  Asphalt  Lands  Reserved  from  Sale. 

Sec.  13.  That  all  coal  and  asphalt  lands  whether  leased 
or  unleased  shall  be  reserved  from  sale  under  this  Act  until 
the  existing  leases  for  coal  and  asphalt  lands  shall  have  expired 
or  until  such  time  as  may  be  otherwise  provided  by  law. 

Conveyances  of  Land  Reserved  from  Allotment — Murrow's  Indian 
Orphans'  Home. 
Sec.  14.     That  the  lands  in  the  Choctaw,  Chickasaw,  Cher- 
okee,  Creek,   and    Seminole   nations   reserved    from   allotment 
or  sale  under  any  Act  of  Congress  for  the  use  or  benefit  of  any 


Act  of  April  26,  1906.  241 

person,  corporation,  or  organization  shall  be  conveyed  to  the 
person,  corporation,  or  organization  entitled  thereto:  Pro- 
vided, That  if  any  tract  or  parcel  thus  reserved  shall  before 
conveyance  thereof  be  abandoned  for  the  use  for  which  it  was 
reserved  by  the  party  in  whose  interest  the  reservation  was 
made,  such  tract  or  parcel  shall  revert  to  the  tribe  and  be  dis- 
posed of  as  other  surplus  lands  thereof:  Provided  further, 
That  this  section  shall  not  apply  to  land  reserved  from  allot- 
ment because  of  the  right  of  any  railroad  or  railway  company 
therein  in  the  nature  of  an  easement  for  right  of  way,  depot, 
station  grounds,  water  stations,  stock  yards  or  other  uses  con- 
nected with  the  maintenance  and  operation  of  such  company's 
railroad,  title  to  which  tracts  may  be  acquired  by  the  railroad 
or  railway  company  under  rules  and  regulations  to  be  pre- 
scribed by  the  Secretary  of  the  Interior  at  a  valuation  to  be 
determined  by  him ;  but  if  any  such  company  shall  fail  to  make 
payment  within  the  time  prescribed  by  the  regulations  or  shall 
cease  to  use  such  land  for  the  purpose  for  which  it  was  re- 
served, title  thereto  shall  thereupon  vest  in  the  owner  of  the 
legal  subdivision  of  which  the  land  so  abandoned  is  a  part,  ex- 
cept lands  within  the  municipality  the  title  to  which,  upon 
abandonment,  shall  vest  in  such  municipalty. 

The  principal  chief  of  the  Choctaw  Nation  and  the  governor 
of  the  Chickasaw  Nation  are,  with  the  approval  of  the  Secre- 
tary of  the  Interior,  hereby  authorized  and  directed  to  issue 
patents  to  the  Murrow  Indian  Orphans'  Home,  a  corporation 
of  Atoka,  Indian  Territory,  in  all  cases  where  tracts  have  been 
allotted  under  the  direction  of  the  Secretary  of  the  Interior 
for  the  purpose  of  allowing  the  allottees  to  donate  the  tract  so 
allotted  to  said  Murrow  Indian  Orphans'  Home. 

In  all  cases  where  enrolled  citizens  of  either  the  Choctaw 
or  Chickasaw  tribe  have  taken  their  homestead  and  surplus 
allotment  and  have  remaining  over  an  unallotted  right  to  less 
than  ten  dollars  on  the  basis  of  the  allotment  value  of  said 
lands,  such  unallotted  right  may  be  conveyed  by  the  owners 
thereof  to  the  Murrow  Indian  Orphans'  Home  aforesaid ;  and 
VCT16 


242  Act  of  April  26,  1906. 

whenever  said  conveyed  rights  shall  amount  in  the  aggregate 
to'as  much  as  ten  acres  of  average  allotable  land,  land  to  rep- 
resent the  same  shall  be  allotted  to  the  said  Murrow  Indian 
Orphans'  Home,  and  certificate  and  patent  shall  issue  therefor 
to  said  Murrow  Indian  Orphans'  Home. 

And  there  is  hereby  authorized  to  be  conveyed  to  said  Mur- 
row Indian  Orphans'  Home,  in  the  manner  hereinbefore  pre- 
scribed for  the  conveyance  of  land,  the  following  described 
lands  in  the  Choctaw  and  Chickasaw  nations,  to-wit:  Sec- 
tions eighteen  and  nineteen  in  township  two  north,  range  twelve 
east;  the  south  half  of  the  northeast  quarter,  the  northeast 
quarter  of  the  northeast  quarter,  the  south  half  of  the  north- 
west quarter  of  the  northeast  quarter,  the  south  half  of  the 
southeast  quarter,  the  northeast  quarter  of  the  southeast  quar- 
ter, the  south  half  of  the  northwest  quarter  of  the  southeast 
quarter,  the  northeast  quarter  of  the  northwest  quarter  of  the 
southeast  quarter,  the  northeast  quarter  of  the  southeast  quar- 
ter of  the  southwest  quarter,  and  the  northwest  quarter  of  the 
northwest  quarter  of  section  twenty-four,  and  the  northwest 
quarter  of  the  southeast  quarter,  the  north  half  of  the  south- 
west quarter  of  the  southeast  quarter,  the  south  half  of  the 
southwest  quarter  of  the  southwest  quarter,  the  northeast  quar- 
ter of  the  southwest  quarter  of  the  southwest  quarter,  and  the 
southeast  quarter  of  the  northwest  quarter  of  the  southwest 
quarter  of  section  twenty-three,  and  the  southwest  quarter  of 
the  southwest  quarter  of  the  southeast  quarter  of  section  twen- 
ty-six, and  the  southeast  quarter  of  the  northwest  quarter  of 
the  northwest  quarter,  the  south  half  of  the  northeast  quarter 
of  the  northwest  quarter,  the  northeast  quarter  of  the  northeast 
quarter  of  the  northwest  quarter,  and  the  east  half  of  the  south- 
east quarter  of  the  northwest  quarter  of  section  twenty-five, 
all  in  township  two  north,  range  eleven  east,  containing  one 
thousand  seven  hundred  and  ninety  acres,  as  shown  by  the 
Government  survey,  for  the  purpose  of  the  said  Home. 


Act  of  April  26,  1906.  243 

Tribal  Property  to  Be  Sold— Proceeds — Purchase  by  Municipal- 
ities. 

Sec.  15.  The  Secretary  of  the  Interior  shall  take  posses- 
sion of  all  buildings  now  or  heretofore  used  for  governmental, 
school,  and  other  tribal  purposes,  together  with  the  furniture 
therein  and  the  land  appertaining  thereto,  and  appraise  and 
sell  the  same  at  such  time  and  under  such  rules  and  regulations 
as  he  may  prescribe,  and  deposit  the  proceeds,  less  expenses 
incident  to  the  appraisement  and  sale,  in  the  Treasury  of  the 
United  States  to  the  credit  of  the  respective  tribes :  Provided, 
That  in  the  event  said  lands  are  embraced  within  the  geo- 
graphical limits  of  a  State  or  Territory  of  the  United  States 
such  State  or  Territory  or  any  county  or  municipality  therein 
shall  be  allowed  one  year  from  date  of  establishment  of  said 
State  or  Territory  within  which  to  purchase  any  such  lands 
and  improvements  within  their  respective  limits  at  not  less  than 
the  appraised  value.  Conveyances  of  lands  disposed  of  under 
this  section  shall  be  executed,  recorded,  and  delivered  in  like 
manner  and  with  like  effect  as  herein  provided  for  other  con- 
veyances. 

Unallotted  Lands  to  Be  Sold — Preference  Right  of  Purchase  to 
Freedmen. 
Sec.  16.  That  when  allotments  as  provided  by  this  and 
other  Acts  of  Congress  have  been  made  to  all  members  and 
freedmen  of  the  Choctaw,  Chickasaw,  Cherokee,  Creek,  and 
Seminole  tribes,  the  residue  of  lands  in  each  of  said  nations 
not  reserved  or  otherwise  disposed  of  shall  be  sold  by  the  Sec- 
retary of  the  Interior  under  rules  and  regulations  to  be  pre- 
scribed by  him  and  the  proceeds  of  such  sales  deposited  in  the 
United  States  Treasury  to  the  credit  of  the  respective  tribes. 
In  the  disposition  of  the  unallotted  lands  of  the  Choctaw  and 
Chickasaw  nations  each  Choctaw  and  Chickasaw  freedman 
shall  be  entitled  to  a  preference  right,  under  such  rules  and 
regulations  as  the  Secretary  of  the  Interior  may  prescribe,  to 
purchase  at  the  appraised  value  enough  land  to  equal  with  that 


244  Act  of  April  26,  1906. 

already  allotted  to  him  forty  acres  in  area.  If  any  such  pur- 
chaser fails  to  make  payment  within  the  time  prescribed  by 
said  rules  and  regulations,  then  such  tract  or  parcel  of  land 
shall  revert  to  the  said  Indian  tribes  and  be  sold  as  other  sur- 
plus lands  thereof.  The  Secretary  of  the  Interior  is  hereby 
authorized  to  sell,  whenever  in  his  judgment  it  may  be  desir- 
able, any  of  the  unallotted  land  in  the  Choctaw  and  Chickasaw 
nations,  which  is  not  principally  valuable  for  mining,  agricul- 
tural, or  timber  purposes,  in  tracts  of  not  exceeding  six  hun- 
dred and  forty  acres  to  any  one  person,  for  a  fair  and  reason- 
able price,  not  less  than  the  present  appraised  value.  Con- 
veyances of  lands  sold  under  the  provisions  of  this  section  shall 
be  executed,  recorded,  and  delivered  in  like  manner  and  with 
like  effect  as  herein  provided  for  other  conveyances  :  Provided 
further,  That  agricultural  lands  shall  be  sold  in  tracts  of  not 
exceeding  one  hundred  and  sixty  acres  to  any  one  person. 

Per  Capita  Distribution  of  Tribal  Funds. 

Sec.  17.  That  when  the  unallotted  lands  and  other  property 
belonging  to  the  Choctaw,  Chickasaw,  Cherokee,  Creek,  and 
Seminole  tribes  of  Indians  have  been  sold  and  the  moneys  aris- 
ing from  such  sales  or  from  any  other  source  whatever  have 
been  paid  into  the  United  States  Treasury  to  the  credit  of 
said  tribes,  respectively,  and  when  all  the  just  charges  against 
the  funds  of  the  respective  tribes  have  been  deducted  there- 
from, any  remaining  funds  shall  be  distributed  per  capita  to 
the  members  then  living  and  the  heirs  of  deceased  members 
whose  names  appear  upon  the  finally  approved  rolls  of  the 
respective  tribes,  such  distribution  to  be  made  under  rules  and 
regulations  to  be  prescribed  by  the  Secretary  of  the  Interior. 

Secretary  to  Maintain   Suits   for  Tribal   Funds. 

Sec.  18.  That  the  Secretary  of  the  Interior  is  hereby  au- 
thorized to  bring  suit  in  the  name  of  the  United  States,  for 
the  use  of  the  Choctaw,  Chickasaw,  Cherokee,  Creek,  or  Sem- 
inole tribes,  respectively,  either  before  or  after  the  dissolution 


Act  of  April  26,  1906.  245 

of  the  tribal  governments,  for  the  collection  of  any  moneys 
or  recovery  of  any  land  claimed  by  any  of  said  tribes,  whether 
such  claims  shall  arise  prior  to  or  after  the  dissolution  of  the 
tribal  governments,  and  the  United  States  courts  in  Indian 
Territory  are  hereby  given  jurisdiction  to  try  and  determine 
all  such  suits,  and  the  Secretary  of  the  Interior  is  authorized 
to  pay  from  the  funds  of  the  tribe  interested  any  costs  and 
necessary  expenses  incurred  in  maintaining  and  prosecuting 
such  suits :  Provided,  That  proceedings  to  which  any  of  said 
tribes  is  a  party  pending  before  any  court  or  tribunal  at  the 
date  of  dissolution  of  the  tribal  governments  shall  not  be  there- 
by abated  or  in  anywise  affected,  but  shall  proceed  to  final  dis- 
position. 

Where  suit  is  now  pending,  or  may  hereafter  be  filed  in 
any  United  States  court  in  the  Indian  Territory,  by  or  on  be- 
half of  any  one  or  more  of  the  Five  Civilized  Tribes  to  re- 
cover moneys  claimed  to  be  due  and  owing  to  such  tribe,  the 
party  defendants  to  such  suit  shall  have  the  right  to  set  up 
and  have  adjudicated  any  claim  it  may  have  against  such  tribe; 
and  any  balance  that  may  be  found  due  by  any  tribe  or  tribes 
shall  be  paid  by  the  Treasurer  of  the  United  States  out  of  any 
funds  of  such  tribe  or  tribes  upon  the  filing  of  the  decree  of 
the  court  with  him. 

U.  S.  v.  Rea-Reed  Mill  &  Elevator  Co.,  171  Fed.  501. 

Restrictions  Upon  Alienation  Extended — Leases  of  Homesteads 
Prohibited — Lands  Subject  to  Taxation. 

Sec.  19.  That  no  full-blood  Indian  of  the  Choctaw,  Chick- 
asaw, Cherokee,  Creek  or  Seminole  tribes  shall  have  power 
to  alienate,  sell,  dispose  of,  or  encumber  in  any  manner  any 
of  the  lands  allotted  to  him  for  a  period  of  twenty-five  years 
from  and  after  the  passage  and  approval  of  this  Act,  unless 
such  restriction  shall,  prior  to  the  expiration  of  said  period,  be 
removed  by  Act  of  Congress ;  and  for  all  purposes  the  quantum 
of  Indian  blood  possessed  by  any  member  of  said  tribes  shall 
be  determined  by  the  rolls  of  citizens  of  said  tribes  approved 


246  Act  of  April  26,  1906. 

by  the  Secretary  of  the  Interior :  Provided  however,  That 
such  full-blood  Indians  of  any  of  said  tribes  may  lease  any 
lands  other  than  homesteads  for  more  than  one  year  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  Secretary  of 
the  Interior;  and  in  case  of  the  inability  of  any  full-blood 
owner  of  a  homestead,  on  account  of  infirmity  or  age,  to  work 
or  farm  his  homestead,  the  Secretary  of  the  Interior,  upon 
proof  of  such  inability,  may  authorize  the  leasing  of  such  home- 
stead under  such  rules  and  regulations :  Provided  further, 
That  conveyances  heretofore  made  by  members  of  any  of  the 
Five  Civilized  Tribes  subsequent  to  the  selection  of  allotment 
and  subsequent  to  removal  of  restriction,  where  patents  there- 
after issue,  shall  not  be  deemed  or  held  invalid  solely  because 
said  conveyances  were  made  prior  to  issuance  and  recording 
or  delivery  of  patent  or  deed ;  but  this  shall  not  be  held  or  con- 
strued as  affecting  the  validity  or  invalidity  of  any  such  con- 
veyance, except  as  hereinbefore  provided;  and  every  deed  ex- 
ecuted before,  or  for  the  making  of  which  a  contract  or  agree- 
ment was  entered  into  before  the  removal  of  restrictions,  be 
and  the  same  is  hereby,  declared  void :  Provided  further,  That 
all  lands  upon  which  restrictions  are  removed  shall  be  subject 
to  taxation,  and  the  other  lands  shall  be  exempt  from  taxation 
as  long  as  the  title  remains  in  the  original  allottee. 

Godfrey  v.  Iowa  Land  &  Trust  Co.,  21  Okla.  293,  95  Pac.  792. 
Western  Investment  Co.  v.  Tiger,  21  Okla.  630,  96  Pac.  602. 
McWilliams   Investment   Co.   v.   Livingston,   22   Okla.   884,   98    Pac. 

914. 
Simmons  v.  Whittington,  27  Okla.  356,  112  Pac.  1018. 
Groom  v.  Wright,  30  Okla.  652,  12]   Pac.  215. 
In  re  Davis'  Estate,  32  Okla.  209,   122  Pac.  547. 
Stout  v.  Simpson,  124  Pac.  754. 

Joiner  v.  Ardmore  Loan  &  Trust  Co.,  124  Pac.  1073,  33  Okla.  206. 
U.  S.  v.  Comet  Oil  &  Gas  Co..  187  Fed.  674. 
United  States  v.  Shock,  1S7  Fed.  862. 
Frame  v.  Bivens,  189  Fed.  785. 
Muskrat  v.  U.  S.,  219  U.  S.  346,  55  L.  Ed.  246. 
rriger  v.  Western  Investment  Co.,  221  U.  S.  286,  55  L.  Ed.  738. 
Heckman  v.  U.  S.  224  U.  S.  413,  56  L.  Ed.  820. 


Act  of  April  26,  1906.  247 

Mullen  v.  U.  S.  224  U.  S.  448,  56  L.  Ed.  834. 
Goat  v.  U.  S..  224  U.  S.  458,  56  L.  Ed.  841. 

Leases  by  Full  Bloods — Minor  Leases — Leases  to  Be  Recorded. 

Sec.  20.  That  after  the  approval  of  this  Act  all  leases  and 
rental  contracts,  except  leases  and  rental  contracts  for  not  ex- 
ceeding one  year  for  agricultural  purposes  for  lands  other  than 
homesteads,  of  full-blood  allottees  of  the  Choctaw,  Chickasaw. 
Cherokee,  Creek,  and  Seminole  tribes  shall  be  in  writing  and 
subject  to  approval  by  the  Secretary  of  the  Interior  and  shall 
be  absolutely  void  and  of  no  effect  without  such  approval :  Pro- 
vided, That  allotments  of  minors  and  incompetents  may  be 
rented  or  leased  under  order  of  the  proper  court :  Provided 
further,  That  all  leases  entered  into  for  a  period  of  more  than 
one  year  shall  be  recorded  in  conformity  to  the  law  applica- 
ble to  recording  instruments  now  in  force  in  said  Indian  Ter- 
ritory. 

Western  Investment  Co.  v.  Tiger,  21  Okla.  630,  96  Pac.  602. 

Groom  v.  Wright,  30  Okla.  652,  121   Pac.  215. 

Chapman  v.  Siler,  30  Okla.  714,  120  Pac.  608. 

Tn  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 

Alluwee  Oil  Co.  v.  Shufflin,  32  Okla.  808,  124  Pac.  15. 

Stout  v.  Simpson,   124  Pac.  754. 

Cowles  v.  Lee,  128  Pac.  688. 

Morrison  v.  Burnette,  154  Eed.  617. 

U.  S.  v.  Comet  Oil  &  Gas  Co.,  1S7  Fed.  674. 

United  States  v.  Shock,  187  Fed.  862. 

Jennings  v.  Wood,  192  Fed.  507. 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286,  55  L.  Ed.  738. 

Goat  v.  U.  S.,  224  U.  S.  458,  50  L.  Ed.  S41. 

Lands  of  Allottees  Dying  Without  Heirs  to  Revert — Mississippi 
Choctaws, 

Sec.  21.  That  if  any  allottee  of  the  Choctaw,  Chickasaw, 
Cherokee,  Creek,  or  Seminole  tribes  die  intestate  without 
widow,  heir  or  heirs,  or  surviving  spouse,  seized  of  all  or  any 
portion  of  his  allotment  prior  to  the  final  distribution  of  the 
tribal  property,  and  such  fact  shall  be  known  by  the  Secretary 


248  Act  of  April  26,  1906. 

of  the  Interior,  the  lands  allotted  to  him  shall  revert  to  the 
tribe  and  be  disposed  of  as  herein  provided  for  surplus  lands ; 
but  if  the  death  of  such  allottee  be  not  known  by  the  Secre- 
tary of  the  Interior  before  final  distribution  of  the  tribal  prop- 
erty, the  land  shall  escheat  to  and  vest  in  such  State  or  Terri- 
tory as  may  be  formed  to  include  said  lands.  That  heirs  of 
deceased  Mississippi  Choctaws  who  died  before  making  proof 
of  removal  to  and  settlement  in  the  Choctaw  country  and  with- 
in the  period  prescribed  by  law  for  making  such  proof  may 
within  sixty  days  from  the  passage  of  this  Act  appear  before 
the  Commissioner  to  the  Five  Civilized  Tribes  and  make  such 
proof  as  would  be  required  if  made  by  such  deceased  Missis- 
sippi Choctaws ;  and  the  decision  of  the  Commissioner  to  the 
Five  Civilized  Tribes  shall  be  final  therein,  and  no  appeal  there- 
from shall  be  allowed. 

Conveyance  of  Inherited  Lands. 

Sec.  22.  That  the  adult  heir  of  any  deceased  Indian  of 
either  of  the  Five  Civilized  Tribes  whose  selection  has  been 
made,  or  to  whom  a  deed  or  patent  has  been  issued  for  his  or 
her  share  of  the  land  of  the  tribe  to  which  he  or  she  belongs 
or  belonged,  may  sell  and  convey  the  lands  inherited  from  such 
decedent ;  and  if  there  be  both  adult  and  minor  heirs  of  such 
decedent,  then  such  minors  may  join  in  a  sale  of  such  lands  by 
a  guardian  duly  appointed  by  the  proper  United  States  court 
for  the  Indian  Territory.  And  in  case  of  the  organization  of 
a  State  or  Territory,  then  by  a  proper  court  of  the  county  in 
which  said  minor  or  minors  may  reside  or  in  which  said  real 
estate  is  situated,  upon  an  order  of  such  court  made  upon  peti- 
tion filed  by  guardian.  All  conveyances  made  under  this  pro- 
vision by  heirs  who  are  full-blood  Indians  are  to  be  subject  to 
the  approval  of  the  Secretary  of  the  Interior,  under  such  rules 
and  regulations  as  he  may  prescribe. 

Western  Investment  Co.  v.  Tiger,  21  Okla.  630,  06  Pac.  602.  221  U. 

S.  286,  55  L.  Ed.  738. 
Jefferson  v.  Winkler,  26  Okla.  654,  110  Pac.  755. 


Act  of  April  26,  1906.  249 

Sanders  v.  Sanders,  28  Okla.  59,  118  Pac.  338. 

TUaHarry  v.  Eatman,  29  Okla.  46,  116  Pac.  935. 

Wilson  v.  Morton,  29  Okla.  745,  119  Pac.  213. 

Skelton  v.  Dill,  30  Okla.  278,  119  Pac.  267. 

In  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 

Parkinson  v.  Skelton.  128  Pac.  131,  33  Okla.  813. 

Shulthis  v.  McDougal,   162  Fed.  331,   170  Fed.  529,  225  U.   S.   561, 

56  L.  Ed.  1205. 
Harris  v.  Gale,  188  Fed.  712. 
Heckman  v.  U.  S.,  224  U.  S.  413,  56  L.  Ed.  820. 

Limitation  on  Right  of  Disposition  by  Will. 

Sec.  23.  Every  person  of  lawful  age  and  sound  mind  may 
by  last  will  and  testament  devise  and  bequeath  all  of  his  estate, 
real  and  personal,  and  all  interest  therein :  Provided,  That  no 
will  of  a  full-blood  Indian  devising  real  estate  shall  be  valid, 
if  such  last  will  and  testament  disinherits  the  parent,  wife, 
spouse,  or  children  of  such  full-blood  Indian,  unless  acknowl- 
edged before  and  approved  by  a  judge  of  the  United  States 
court  for  the  Indian  Territory,  or  a  United  States  Commis- 
sioner. 

In  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 
Proctor  v.  Harrison,  125  Pac.  479. 
United  States  v.  Shock,  187  Fed.  862. 

Roads  to  Be  Established  Along  Section  Lines. 

Sec.  24.  That  in  the  Choctaw,  Chickasaw,  and  Seminole 
nations  public  highways  or  roads  two  rods  in  width,  being 
one  rod  on  each  side  of  the  section  line,  may  be  established 
on  all  section  lines ;  and  all  allottees,  purchasers,  and  others 
shall  take  title  to  such  land  subject  to  this  provision,  and  if 
buildings  or  other  improvements  are  damaged  in  consequence 
of  the  establishment  of  such  public  highways  or  roads,  such 
damages  accruing  prior  to  the  inauguration  of  a  State  govern- 
ment shall  be  determined  under  the  direction  of  the  Secretary 
of  the  Interior  and  be  paid  for  from  the  funds  of  said  tribes, 
respectively. 


250  Act  of  April  26,  1906. 

All  expenses  incident  to  the  establishment  of  public  high- 
ways or  roads  in  the  Creek,  Cherokee,  Choctaw,  Chickasaw, 
and  Seminole  nations,  including  clerical  hire,  per  diem,  salary, 
and  expenses  of  viewers,  appraisers,  and  others,  shall  be  paid 
under  the  direction  of  the  Secretary  of  the  Interior  from  the 
funds  of  the  tribe  or  nation  in  which  such  public  highways  or 
roads  are  established.  Any  person,  firm,  or  corporation  ob- 
structing any  public  highway  or  road,  and  who  shall  fail,  neg- 
lect, or  refuse  for  a  period  of  ten  days  after  notice  to  remove 
or  cause  to  be  removed  any  and  all  obstructions  from  such 
public  highway  or  road,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  fined  not  exceeding  ten 
dollars  per  day  for  each  and  every  day  in  excess  of  said  ten 
days  which  said  obstruction  is  permitted  to  remain :  Provided, 
however,  That  notice  of  the  establishment  of  public  highways 
or  roads  need  not  be  given  to  allottees  or  others,  except  in 
cases  where  such  public  highways  or  roads  are  obstructed,  and 
every  person  obstructing  any  such  public  highway  or  road,  as 
aforesaid,  shall  also  be  liable  in  a  civil  action  for  all  damage:-! 
sustained  by  any  person  who  has  in  any  manner  whatever 
been  damaged  by  reason  of  such  obstruction. 

Mills  v.  Glasscock,  26  Okla.  123,  110  Pac.  377. 
Good  v.  Keel,  29  Okla.  325,  116  Pac.  777. 

Grant  of  Right  of  Eminent  Domain. 

Sec.  25.  That  any  light,  or  power  company  doing  business 
within  the  limits  of  the  Indian  Territory,  in  compliance  with 
the  laws  of  the  United  States  that  are  now  or  may  be  in  force 
therein,  be,  and  the  same  are  hereby,  invested  and  empowered 
with  the  right  of  locating,  constructing,  owning,  operating, 
using,  and  maintaining  canals,  reservoirs,  auxiliary  steam 
works,  and  a  dam  or  dams  across  any  non-navigable  stream 
within  the  limits  of  said  Indian  Territory,  for  the  purpose  of 
obtaining  a  sufficient  supply  of  water  to  manufacture  and  gen- 
erate water,  electric,  or  other  power,  light,  and  heat  and  to 
utilize  and  transmit  and  distribute  such  power,  light,  and  heat 


Act  of  April  26,  1906.  251 

to  other  places  for  its  own  use  or  other  individuals  or  corpora- 
tions, and  the  right  of  locating,  constructing,  owning,  operat- 
ing, equipping,  using,  and  maintaining  the  necessary  pole  lines 
and  conduits  for  the  purpose  of  transmitting  and  distributing 
such  power,  light,  and  heat  to  other  places  within  the  limits  of 
said  Indian  Territory. 

That  the  right  to  locate,  construct,  own,  operate,  use,  and 
maintain  such  dams,  canals,  reservoirs,  auxiliary  steam  works, 
pole  lines,  and  conduits  in  or  through  the  Indian  Territory,  to- 
gether with  the  right  to  acquire,  by  condemnation,  purchase 
or  agreement  between  the  parties,  such  land  as  it  may  deem 
necessary  for  the  locating,  constructing,  owning,  operating,  us- 
ing, and  maintaining  of  such  dams,  canals,  reservoirs,  auxiliary 
steam  works,  pole  lines,  and  conduits  in  or  through  any  land 
held  by  any  Indian  tribe  or  nation,  person,  individual,  corpo- 
ration, or  municipality  in  said  Indian  Territory,  or  in  or 
through  any  lands  in  said  Indian  Territory  which  have  been 
or  may  hereafter  be  allotted  in  severalty  to  any  individual  In- 
dian or  other  person  under  any  law  or  treaty,  whether  the  same 
have  or  have  not  been  conveyed  to  the  allottee,  with  full  power 
of  alienation,  is  hereby  granted  to  any  company  complying 
with  the  provisions  of  this  Act :  Provided,  That  the  purchase 
from  and  agreements  with  individual  Indians,  where  the  right 
of  alienation  has  not  theretofore  been  granted  by  law,  shall  be 
subject  to  approval  by  the  Secretary  of  the  Interior. 

In  case  of  the  failure  of  any  light,  or  power  company  to 
make  amicable  settlement  with  any  individual  owner,  occu- 
pant, allottee,  tribe,  nation,  corporation,  or  municipality  for 
any  lands  or  improvements  sought  to  be  condemned  or  appro- 
priated under  this  Act  all  compensation  and  damages  to  be 
paid  to  the  dissenting  individual  owner,  occupant,  allottee, 
tribe,  nation,  corporation,  or  municipality  by  reason  of  the 
appropriation  and  condemnation  of  said  lands  and  improve- 
ments shall  be  determined  as  provided  in  sections  fifteen  and 
seventeen  of  an  Act  of  Congress  entitled  "An  act  to  grant  a 
right  of  way  through  Oklahoma  Territory  and  the  Indian  Ter- 


252  Act  of  April  26,  1906. 

ritory  to  the  Enid  and  Anadarko  Railway  Company,  and  for 
other  purpose,"  approved  February  twenty-eighth,  nineteen 
hundred  and  two  (Public  Numbered  Twenty-six),  and  all 
such  proceedings  hereunder  shall  conform  to  said  sections,  ex- 
cept that  sections  three  and  four  of  said  Act  shall  have  no 
application,  and  except  that  hereafter  the  plats  required  to  be 
filed  by  said  Act  shall  be  filed  with  the  Secretary  of  the  Inte- 
rior and  with  the  Commissioner  to  the  Five  Civilized  Tribes, 
and  where  the  words  "Principal  Chief  or  Governor"  of  any 
tribe  or  nation  occur  in  said  Act,  for  the  purpose  of  this  Act 
there  is  inserted  the  words  Commissioner  to  the  Five  Civilized 
Tribes.  Whenever  any  such  dam  or  dams,  canals,  reservoirs 
and  auxiliary  steam  works,  pole  lines  and  conduits  are  to  be 
constructed  within  the  limits  of  any  incorporated  city  or  town 
in  the  Indian  Territory,  the  municipal  authorities  of  such  city 
or  town  shall  have  the  power  to  regulate  the  manner  of  con- 
struction therein,  and  nothing  herein  contained  shall  be  so  con- 
strued as  to  deny  the  right  of  municipal  taxation  in  such  cities 
and  towns :  Provided,  That  all  rights  granted  hereunder  shall 
be  subject  to  the  control  of  the  future  Territory  or  State  within 
which  the  Indian  Territory  may  be  situated. 

Street  Improvements  May  Be  Built — Paid  for  by  Special  Assess- 
ments. 
Sec.  26.  That  in  addition  to  the  powers  now  conferred  by 
law,  all  municipalities  in  the  Indian  Territory  having  a  popula- 
tion of  over  two  thousand  to  be  determined  by  the  last  census 
taken  under  any  provision  of  law  or  ordinance  of  the  council 
of  such  municipality,  are  hereby  authorized  and  empowered  to 
order  improvements  of  the  streets  or.  alleys  or  such  parts  there- 
of as  may  be  included  in  an  ordinance  or  order  of  the  com- 
mon council  with  the  consent  of  a  majority  of  the  property 
owners  whose  property  as  herein  provided  is  liable  to  assess- 
ment therefor  for  the  proposed  improvements ;  and  said  coun- 
cil is  empowered  and  authorized  to  make  assessments  and  levy 
taxes  with  the  consent  of  a  majority  of  the  property  owners 


Act  of  April  26,  1906.  253 

whose  property  is  assessed,  for  the  purpose  of  grading,  pav- 
ing, macadamizing,  curbing,  or  guttering  streets  and  alleys, 
or  building  sidewalks  upon  and  along  any  street,  roadway  or 
alley  within  the  limits  of  such  municipality,  and  the  cost  of 
such  grading,  paving,  macadamizing,  curbing,  guttering  or  side- 
walk constructed,  or  other  improvements  under  authority  of 
this  section,  shall  be  so  assessed  against  the  abutting  property 
as  to  require  each  parcel  of  land  to  bear  the  cost  of  such  grad- 
ing, paving,  macadamizing,  curbing,  guttering  or  sidewalk,  as 
far  as  it  abuts  thereon,  and  in  the  case  of  streets  or  alleys  to 
the  center  thereof ;  and  the  cost  of  street  intersections  or  cross- 
ings may  be  borne  by  the  city  or  apportioned  to  the  quarter 
blocks  abutting  thereon  upon  the  same  basis.  The  special  as- 
sessments provided  for  by  this  section  and  the  amount  to  be 
charged  against  each  lot  or  parcel  of  land  shall  be  fixed  by 
the  city  council  or  under  its  authority  and  shall  become  a  lien 
on  such  abutting  property,  which  may  be  enforced  as  other 
taxes  are  enforced  under  the  laws  in  force  in  the  Indian  Ter- 
ritory. The  total  amount  charged  against  any  tract  or  parcel 
of  land  shall  not  exceed  twenty  per  centum  of  its  assessed 
value,  and  there  shall  not  be  required  to  be  paid  thereon  ex- 
ceeding one  per  centum  per  annum  on  the  assessed  value  and 
interest  at  six  per  centum  on  the  deferred  payments. 

For  the  purpose  of  paying  for  such  improvements  the  city 
council  of  such  municipality  is  hereby  authorized  to  issue  im- 
provement script  or  certificates  for  the  amount  due  for  such 
improvements,  said  script  or  certificates  to  be  payable  in  an- 
nual installments  and  to  bear  interest  from  date  at  the  rate  of 
six  per  centum  per  annum,  but  no  improvement  script  shall  be 
issued  or  sold  for  less  than  its  par  value.  All  of  said  munici- 
palities are  hereby  authorized  to  pass  all  ordinances  necessary 
to  carry  into  effect  the  above  provisions  and  for  the  purpose  of 
doing  so  many  divide  such  municipality,  into  improvement  dis- 
tricts. 

That  the  tangible  property  of  railroad  corporations  (exclu- 
sive of  rolling  stock)   located  within  the  corporate  limits  of 


254  Act  of  April  26,  1906. 

incorporated  cities  and  towns  in  the  Indian  Territory  shall  be 
assessed  and  taxed  in  proportion  to  its  valne  the  same  as  other 
property  is  assessed  and  taxed  in  such  incorporated  cities  and 
towns ;  and  all  such  city  or  town  councils  are  hereby  empow- 
ered to  pass  such  ordinances  as  may  be  necessary  for  the  as- 
sessment, equalization,  levy  and  collection,  annually,  of  a  tax 
on  all  property  except  as  herein  stated  within  the  corporate 
limits  and  for  carrying  the  same  into  effect :  Provided,  That 
should  any  person  or  corporation  feel  aggrieved  by  any  as- 
sessment of  property  in  the  Indian  Territory,  an  appeal  from 
such  assessment  may  be  taken  within  sixty  days  by  original 
petition  to  be  filed  in  United  States  court  in  the  district  in 
which  such  city  or  town  is  located,  and  the  question  of  the 
amount  and  legality  of  such  assessment,  and  the  validity  of 
the  ordinance  under  which  such  assessment  is  made  may  be 
determined  by  such  court  and  the  costs  of  such  proceeding  shall 
be  taxed  and  apportioned  between  the  parties  as  the  court  shall 
find  to  be  just  and  equitable. 

Tribal  Lands  to  Be  Held  in  Trust  by  United  States. 

Sec.  27.  That  the  lands  belonging  to  the  Choctaw,  Chick- 
asaw, Cherokee,  Creek,  or  Seminole  tribes,  upon  the  disso- 
lution of  said  tribes,  shall  not  become  public  lands  nor  prop- 
erty of  the  United  States,  but  shall  be  held  in  trust  by  the 
United  States  for  the  use  and  benefit  of  the  Indians  respec- 
tively comprising  each  of  said  tribes,  and  their  heirs  as  the 
same  shall  appear  by  the  rolls  as  finally  concluded  as  hereto- 
fore and  hereinafter  provided  for:  Provided,  That  nothing 
herein  contained  shall  interfere  with  any  allotments  hereto- 
fore or  hereafter  made  or  to  be  made  under  the  provisions  of 
this  or  any  other  Act  of  Congress. 

Tribal  Existence  Continued — Approval  of  Contracts. 

Sec.  28.  That  the  tribal  existence  and  present  tribal  gov- 
ernments of  the  Choctaw,  Chickasaw,  Cherokee,  Creek,  and 
Seminole  tribes  or  nations  are  hereby  continued  in  full  force 
and  effect  for  all  purposes  authorized  by  law,  until  otherwise 


Act  of  April  26,  1906.  255 

provided  by  law,  but  the  tribal  council  or  legislature  in  any 
of  said  tribes  or  nations  shall  not  be  in  session  for  a  longer 
period  than  thirty  days  in  any  one  year:  Provided,  That  no 
act,  ordinance,  or  resolution  (except  resolutions  of  adjourn- 
ment) of  the  tribal  council  or  legislature  of  any  of  said  tribe, 
or  nations  shall  be  of  any  validity  until  approved  by  the  Pres- 
ident of  the  United  States:  Provided  further,  That  no  con- 
tract involving  the  payment  or  expenditure  of  any  money  or 
affecting  any  property  belonging  to  any  of  said  tribes  or  na- 
tions made  by  them  or  any  of  them  or  by  any  officer  thereof, 
shall  be  of  any  validity  until  approved  by  the  President  of  the 
United  States. 

United  States  Express  Co.  v.  Friedman,  191  Fed.  673. 
Tiger  v.  Western  Investment  Co.,  221  U.  S.  286,  55  L.  Ed.  738. 
Goat  v.  U.  S.,  224  U.  S.  458,  50  L.  Ed.  841. 
Oritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 

Repeal. 

Sec.  29.  That  all  Acts  and  parts  of  Acts  inconsistent  with 
the  provisions  of  this  Act  be,  and  the  same  are  hereby,  re- 
pealed. 

Morrison  v.  Burnette,  154  Fed.  617, 

The  30,000  Land  Suits,   199  Fed.  811. 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286,  55  L.  Ed.  738. 


256  Act  of  April  26,  1906. 

FURTHER  ANNOTATIONS. 


Act  of  April  26,  1906.  257 

FURTHER  ANNOTATIONS. 


VCT17 


258     Tribal  Existence  Extended — Intermarriages. 


ACT  OF  CONGRESS 

Approved  March  2,  100G. 

(34   Stat.  L.   822.) 

JOINT  RESOLUTION  EXTENDING  THE  TRIBAL  EXISTENCE  AND 

GOVERNMENT  OF  THE  FIVE  CIVILIZED  TRIBES  OF 

INDIANS  IN  THE  INDIAN  TERRITORY. 

RESOLVED  BY  THE  SENATE  AND  HOUSE  OF  REP- 
RESENTATIVES OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  tribal 
existence  and  present  tribal  governments  of  the  Choctaw, 
Chickasaw,  Cherokee,  Creek,  and  Seminole  tribes  or  nations 
of  Indians  in  the  Indian  Territory  are  hereby  continued  in  full 
force  and  effect  for  all  purposes  under  existing  laws  until 
all  property  of  such  tribes,  or  the  proceeds  thereof,  shall  be 
distributed  among  the  individual  members  of  said  tribes  unless 
hereafter  otherwise  provided  by  law. 

Heckman  v.  U.  S.,  224  U.  S.  413,  56  L.  Ed.  820. 
Goat  v.  U.  S.,  224  U.  S.  458,  56  L.  Ed.  841. 
Gritts  v.  Fisher,  224  U.  S.  640,  56  L.  Ed.  928. 


ACT  OF  CONGRESS 

Approved  March  2,  1907. 

(34  Stat.  L.   1220.) 

AN  ACT  FOR  THE  RELIEF  OF  CERTAIN  WHITE  PERSONS  WHO 
INTERMARRIER  WITH  CHEROKEE  CITIZENS. 

Intermarried  Citizens  to  Receive  Compensation  for  Improvements. 
BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  for  sixty 
days  after  allotment  but  in  no  case  less  than  sixty  days  after 


Act  of  May  27,  1908.  259 

the  approval  of  this  Act  white  persons  who  intermarried  with 
Cherokee  citizens  prior  to  December  sixteenth,  eighteen  hun- 
dred and  ninety-five,  and  made  permanent  and  valuable  im- 
provements on  lands  belonging  to  the  Cherokee  Nation  prior 
to  the  decision  of  the  Supreme  Court  of  the  United  States 
in  the  case  of  Daniel  Red  Bird,  the  Cherokee  Nation,  and  oth- 
ers, against  The  United  States  (Two  hundred  and  third  United 
States,  page  seventy-six),  shall  have  the  right  to  sell  such 
improvements  to  citizens  of  the  Cherokee  Nation  entitled  to 
select  allotments  at  a  valuation  to  be  approved  by  an  official 
to  be  designated  by  the  Secretary  of  the  Interior  for  that  pur- 
pose ;  and  the  vendor  shall  have  a  lien  on  the  rents  and  profits 
of  the  land  on  which  the  improvements  are  located  for  the 
purchase  money  remaining  unpaid  and  shall  have  the  right  to 
enforce  such  lien  in  any  court  of  competent  jurisdiction :  Pro- 
vided, That  where  citizens  of  the  Cherokee  Nation  entitled  to 
allotments  have  heretofore  applied  for  lands  on  which  inter- 
married white  persons  own  improvements,  such  citizens  enti- 
tled to  allotments  shall  have  the  prior  right  to  purchase  said 
improvements  as  herein  provided. 

"Boudinot  v.  Morris,  26  Okla.  768,  110  Pac.  894. 


ACT  OF  CONGRESS 

Of  May  27,  1908. 

(35  Stat.  L.  312.) 

AN  ACT  FOR  THE  REMOVAL  OF  RESTRICTIONS  FROM  PART  OF 

THE  LANDS  OF  ALLOTTEES  OF  THE  FIVE  CIVILIZED 

TRIBES,  AND  FOR  OTHER  PURPOSES. 

Status  of  Lands — Restrictions  on  Alienation  Removed — Restric- 
tions Continued — Removal  by  Secretary. 
BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  from  and 


260  Act  of  May  27,  1908. 

after  sixty  days  from  the  date  of  this  Act  the  status  of  the 
lands  allotted  heretofore  or  hereafter  to  allottees  of  the  Five 
Civilized  Tribes  shall,  as  regards  restrictions  on  alienation  or 
incumbrance,  be  as  follows :  All  lands,  including  homesteads. 
of  said  allottees  enrolled  as  intermarried  whites,  as  freedmen, 
and  as  mixed-blood  Indians  having  less  than  half  Indian  blood 
including  minors  shall  be  free  from  all  restrictions.  All  lands, 
except  homesteads,  of  said  allottees  enrolled  as  mixed-blood 
Indians  having  half  or  more  than  half  and  less  than  three- 
quarters  Indian  blood  shall  be  free  from  all  restrictions.  All 
homesteads  of  said  allottees  enrolled  as  mixed-blood  Indians 
having  half  or  more  than  half  Indian  blood,  including  minors 
of  such  degrees  of  blood,  and  all  allotted  lands  of  enrolled  full- 
bloods,  and  enrolled  mixed-bloods  of  three-quarters  or  more 
Indian  blood,  including  minors  of  such  degrees  of  blood,  shall 
not  be  subject  to  alienation,  contract  to  sell,  power  of  attorney, 
or  any  other  incumbrance  prior  to  April  twenty-sixth,  nineteen 
hundred  and  thirty-one,  except  that  the  Secretary  of  the  In- 
terior may  remove  such  restrictions,  wholly  or  in  part,  under 
such  rules  and  regulations  concerning  terms  of  sale  and  dis- 
posal of  the  proceeds  for  the  benefit  of  the  respective  Indians 
as  he  may  prescribe.  The  Secretary  of  the  Interior  shall  not 
be  prohibited  by  this  Act  from  continuing  to  remove  restric- 
tions as  heretofore,  and  nothing  herein  shall  be  construed  to 
impose  restrictions  removed  from  land  by  or  under  any  law 
prior  to  the  passage  of  this  Act.  No  restriction  of  alienation 
shall  be  construed  to  prevent  the  exercise  of  the  right  of  emi- 
nent domain  in  condemning  rights  of  way  for  public  purposes 
over  allotted  lands,  and  for  such  purposes  sections  thirteen  to 
twenty-three  inclusive,  of  an  act  entitled  "An  act  to  grant  the 
right  of  way  through  Oklahoma  Territory  and  the  Indian  Ter- 
ritory to  the  Enid  and  Anadarko  Railway  Company,  and  for 
other  purposes,"  approved  February  twenty-eighth,  nineteen 
hundred  and  two  (Thirty-second  Statutes  at  Large,  page  forty- 
three"),  are  hereby  continued  in  force  in  the  State  of  Oklahoma. 


Act  of  May  27,  1908.  261 

Jefferson  v.  Winkler,  26  Okla.  653,  110  Pac.  755. 

Gleason  v.  Wood,  28  Okla.  502,  114  Pac.  703. 

MaHarry  v.  Eatraan,  29  Okla.  46,  116  Pae.  935. 

Kirkpatrick  v.  Burgess,  29  Okla.  121,  116  Pac.  764. 

Yarbrough  v.  Spaulding,  31  Okla.  806,  123  Pac.  843. 

In  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 

Simmons  v.  Mullen,  122  Pac.  518.  33  Okla.  184. 

Texas  Co.  v.  Henry,  126  Pac.  224. 

United  States  v.  Allen,  171  Fed.  907,  179  Fed.  13, 

Eettes  v.  Brovver,  184  Fed.  342. 

United  States  v.  Shock,  187  Fed.  870. . 

Henry  Gas.  Co.  v.  United  States,  191  Fed.  132. 

Bell  v.  Cook,  192  Fed.  597. 

Truskett  v.  Closser,  198  Fed.  835. 

Heckman  v.  U.  S.,  224  U.  S.  413,  56  L.  Ed.  820. 

Choate  v.  Trapp,  224  U.  S.  665,  56  L.  Ed.  941. 

Leases  of  Allotted  Lands — Mineral  Leases  to  Be  Approved  by 
Secretary — Leases  of  Lands  of  Minors. 
Section  2.  That  all  lands  other  than  homesteads  allotted 
to  members  of  the  Five  Civilized  Tribes  from  which  restric- 
tions have  not  been  removed  may  be  leased  by  the  allottee  if 
an  adult,  or  by  guardian  or  curator  under  order  of  the  proper 
probate  court  if  a  minor  or  incompetent,  for  a  period  not  to 
exceed  five  years,  without  the  privilege  of  renewal :  Provided, 
That  leases  of  restricted  lands  for  oil,  gas  or  other  mining 
purposes,  leases  of  restricted  homesteads  for  more  than  one 
year,  and  leases  of  restricted  lands  for  periods  of  more  than 
five  years,  may  be  made,  with  the  approval  of  the  Secretary 
of  the  Interior,  under  rules  and  regulations  provided  by  the 
Secretary  of  the  Interior,  and  not  otherwise:  And  provided 
further,  That  the  jurisdiction  of  the  probate  courts  of  the 
State  of  Oklahoma  over  lands  of  minors  and  incompetents 
shall  be  subject  to  the  foregoing  provisions,  and  the  term  minor 
or  minors,  as  used  in  this  Act,  shall  include  all  males  under 
the  age  of  twenty-one  years  and  all  females  under  the  age  of 
eighteen  years. 

Jefferson  v.  Winkler,  26  Okla.  653,  110  Pac.  755. 
Kirkpatrick  v.  Burgess,  29  Okla.  121,  116  Pac.  764. 


262  Act  of  May  27,  1908. 

Yarbrough  v.  Spaulding,  31  Okla.  806,  123  Pac.  843. 

In  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 

Cill  v.  Haggerty,  32  Okla.  407,  122  Pac.  041. 

Bell  v.  Cook,  192  Fed.  597. 

Truskett  v.  Closser,  198  Fed.  835. 

Alluwc  Oil  Co.  v.  Shufflin,  32  Okla.  808,  124  Pac.  15. 

Barnsdall  v.  Owen,  200  Fed.  519. 

Rolls  Conclusive  Evidence  of  Age  and  Quantum  of  Indian  Blood — 
Status  of  Prior  Leases. 

Sec.  3.  That  the  rolls  of  citizenship  and  of  freedmen  of 
the  Five  Civilized  Tribes  approved  by  the  Secretary  of  the 
Interior  shall  be  conclusive  evidence  as  to  the  quantum  of  In- 
dian blood  of  any  enrolled  citizen  or  freedman  of  said  tribes 
and  of  no  other  persons  to  determine  questions  arising  under 
this  Act  and  the  enrollment  records  of  the  commissioner  to  the 
Five  Civilized  Tribes  shall  hereafter  be  conclusive  evidence  as 
to  the  age  of  said  citizen  or  freedman. 

That  no  oil,  gas,  or  other  mineral  lease  entered  into  by  any 
of  said  allottees  prior  to  the  removal  of  restrictions  requiring 
the  approval  of  the  Secretary  of  the  Interior  shall  be  rendered 
invalid  by  this  Act,  but  the  same  shall  be  subject  to  the  ap- 
proval of  the  Secretary  of  the  Interior  as  if  this  Act  had  not 
been  passed :  Provided,  That  the  owner  or  owners  of  any 
allotted  land  from  which  restrictions  are  removed  by  this  Act, 
or  have  been  removed  by  previous  Acts  of  Congress,  or  by  the 
Secretary  of  the  Interior,  or  may  hereafter  be  removed  under 
and  by  authority  of  any  Act  of  Congress,  shall  have  the  power 
to  cancel  and  annul  any  oil,  gas,  or  mineral  lease  on  said  land 
whenever  the  owner  or  owners  of  said  land  and  the  owner  or 
owners  of  the  lease  thereon  agree  in  writing  to  terminate  said 
lease  and  file  with  the  Secretary  of  the  Interior,  or  his  desig- 
nated agent,  a  true  copy  of  the  agreement  in  writing  canceling 
said  lease,  which  said  agreement  shall  be  executed  and  ac- 
knowledged by  the  parties  thereto  in  the  manner  required  by 
the  laws  of  Oklahoma  for  the  execution  and  acknowledgment 
of  deeds,  and  the  same  shall  be  recorded  in  the  county  where 
the  land  is  situate. 


Act  of  May  27,  1908.  263 

Warren  v.  Canard..  30  Okla.  514.  120  Pac.  599. 

Yarbrough  v.  Spaulding.  31  Okla.  806,  123  Pac.  843. 

Williams  v.  Joins,  126  Pac.  1013. 

Campbell  v.  McSpadden,  127  Pac.  854. 

Bell  v.  Cook,   192  Fed.  597. 

Hegler  v.  Faulkner,  153  U.  S.  107,  38  L.  Ed.  653. 

LaAvless  v.  Kaddis,  129  Pac.  711. 

Unrestricted  Lands  Subject  to  Taxation— Exemption  from  Prior 
Claims. 
Sec.  4.  That  all  land  from  which  restrictions  have  been  or 
shall  be  removed  shall  be  subject  to  taxation  and  all  other  civil 
burdens  as  though  it  were  the  property  of  other  persons  than 
allottees  of  the  Five  Civilized  Tribes :  Provided,  That  allotted 
lands  shall  not  be  subjected  or  held  liable,  to  any  form  of  per- 
sonal claim,  or  demand,  against  the  allottees  arising  or  exist- 
ing prior  to  the  removal  of  restrictions,  other  than  contracts 
heretofore  expressly  permitted  by  law. 

Gleason  v.  Wood,  28  Okla.  502,  114  Pac.  703,  224  U.  S.  679,  56  L. 

Ed.  947. 
Choate  v.  Trapp,  2S  Okla.  517,  114  Pac.  709,  224  U.  S.  665,  56  L. 

Ed.   941. 
Alexander  v.  Rainey,  28  Okla.  518,  114  Pac.  710. 
Nelson  v.  Wood,  122  Pac.  1103. 
Whitmire  v.  Trapp,  126  Pac.  578,  33  Okla.  429. 
Weilip  v.  Audrain,  128  Pac.  254. 
Bell  v.  Cook.  192  Fed.  597. 
Truskett  v.  Closser,  198  Fed.  835. 
United  States  v.  Shock,  187  Fed.   862,  870. 
English  v.  Richardson,  224  U.  S.  6S0,  56  L.  Ed.  949. 

Conveyance,  etc.,  of  Restricted  Lands  Void. 

Sec.  5.  That  any  attempted  alienation  or  incumbrance  by 
deed,  mortgage,  contract  to  sell,  power  of  attorney,  or  other  in- 
strument or  method  of  incumbering  real  estate,  made  before  or 
after  the  approval  of  this  Act,  which  affects  the  title  of  the  land 
allotted  to  allottees  of  the  Five  Civilized  Tribes  prior  to  re- 
moval of  restrictions  therefrom,  and  also  any  lease  of  such 


264  Act  of  May  27,  1908. 

restricted  land  made  in  violation  of  law  before  or  after  the 
approval  of  this  Act  shall  be  absolutely  null  and  void. 

Groom  v.  Wright,  30  Okla.  052.  121  Pac.  215. 
Bell  v.  Cook,  192  Fed.  597. 

Jurisdiction  of  Probate  Courts  Over  Minors'  Estates — Representa- 
tives of  Secretary  to  Be  Appointed — Suits. 
Sec.  6.  That  the  persons  and  property  of  minor  allottees 
of  the  Five  Civilized  Tribes  shall,  except  as  otherwise  specific- 
ally provided  by  law,  be  subject  to  the  jurisdiction  of  the  pro- 
bate courts  of  the  State  of  Oklahoma.  The  Secretary  of  the 
Interior  is  hereby  empowered,  under  rules  and  regulations  to 
be  prescribed  by  him,  to  appoint  such  local  representatives 
within  the  State  of  Oklahoma  who  shall  be  citizens  of  that 
State  or  now  domiciled  therein  as  he  may  deem  necessary  to 
inquire  into  and  investigate  the  conduct  of  guardians  or  cura- 
tors having  in  charge  the  estate  of  such  minors,  and  whenever 
such  representative  or  representatives  of  the  Secretary  of  the 
Interior  shall  be  of  opinion  that  the  estate  of  any  minor  is  not 
being  properly  cared  for  by  the  guardian  or  curator,  or  that 
the  same  is  in  any  manner  being  dissipated  or  wasted  or  being 
permitted  to  deteriorate  in  value  by  reason  of  the  negligence  or 
carelessness  or  incompetency  of  the  guardian  or  curator,  said 
representative  or  representatives  of  the  Secretary  of  the  In- 
terior shall  have  power  and  it  shall  be  their  duty  to  report  said 
matter  in  full  to  the  proper  probate  court  and  take  the  neces- 
sary steps  to  have  such  matter  fully  investigated,  and  go  to  the 
further  extent  of  prosecuting  any  necessary  remedy,  either  civil 
or  criminal,  or  both,  to  preserve  the  property  and  protect  the 
interests  of  said  minor  allottees ;  and  it  shall  be  the  further 
duty  of  such  representative  or  representatives  to  make  full  and 
complete  reports  to  the  Secretary  of  the  Interior.  All  such 
reports,  either  to  the  Secretary  of  the  Interior  or  to  the  proper 
probate  court,  shall  become  public  records  and  subject  to  the 
inspection  and  examination  of  the  public,  and  the  necessary 
court  fees  shall  be  allowed  against  the  estates  of  said  minors. 


Act  of  May  27,  1908.  265 

The  probate  courts  may,  in  their  discretion,  appoint  any  such 
representative  of  the  Secretary  of  the  Interior  as  guardian  or 
curator  for  such  minors,  without  fee  or  charge. 

And  said  representatives  of  the  Secretary  of  the  Interior 
are  further  authorized,  and  it  is  made  their  duty,  to  counsel 
and  advise  all  allottees,  adult  or  minor,  having  restricted  lands 
of  all  of  their  legal  rights  with  reference  to  their  restricted 
lands,  without  charge,  and  to  advise  them  in  the  preparation 
of  all  leases  authorized  by  law  to  be  made,  and  at  the  request 
of  any  allottee  having  restricted  land  he  shall,  without  charge, 
except  the  necessary  court  and  recording  fees  and  expenses, 
if  any,  in  the  name  of  the  allottee,  take  such  steps  as  may  be 
necessary,  including  the  bringing  of  any  suit  or  suits  and  the 
prosecution  and  appeal  thereof,  to  cancel  and  annul  any  deed, 
conveyance,  mortgage,  lease,  contract  to  sell,  power  of  attor- 
ney, or  any  other  encumbrance  of  any  kind  or  character,  made 
or  attempted  to  be  made  or  executed  in  violation  of  this  Act 
or  any  other  Act  of  Congress,  and  to  take  all  steps  necessary 
to  assist  said  allottees  in  acquiring  and  retaining  possession 
of  their  restricted  lands. 

Supplemental  to  the  funds  appropriated  and  available  for 
expenses  connected  with  the  affairs  of  the  Five  Civilized 
Tribes,  there  is  hereby  appropriated,  for  the  salaries  and  ex- 
penses arising  under  this  section,  out  of  any  funds  in  the  Treas- 
ury not  otherwise  appropriated,  the  sum  of  ninety  thousand 
dollars,  to  be  available  immediately,  and  until  July  first,  nine- 
teen hundred  and  nine,  for  expenditure  under  the  direction 
of  the  Secretary  of  the  Interior:  Provided,  That  no  restricted 
lands  of  living  minors  shall  be  sold  or  encumbered,  except  by 
leases  authorized  by  law,  by  order  of  the  court  or  otherwise. 

And  there  is  hereby  further  appropriated,  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated,  to  be  immediately 
available  and  available  until  expended  as  the  Attorney-General 
may  direct,  the  sum  of  fifty  thousand  dollars,  to  be  used  in 
the  payment  of  necessary  expenses  incident  to  any  suits 
brought  at  the  request  of  the  Secretary  of  the  Interior  in  the 


266  Act  of  May  27,  1908. 

eastern  judicial  district  of  Oklahoma:  Provided,  That  the 
sum  of  ten  thousand  dollars  of  the  above  amount,  or  so  much 
thereof  as  may  be  necessary,  may  be  expended  in  the  prosecu- 
tion of  cases  in  the  western  judicial  district  of  Oklahoma. 

Any  suit  brought  by  the  authority  of  the  Secretary  of  the 
Interior  against  the  vendee  or  mortgagee  of  a  town  lot,  against 
whom  the  Secretary  of  the  Interior  may  find  upon  investiga- 
tion no  fraud  has  been  established,  may  be  dismissed  and  the 
title  quieted  upon  payment  of  the  full  balance  due  on  the 
original  appraisement  of  such  lot:  Provided,  That  such  in- 
vestigation must  be  concluded  within  six  months  after  the  pas- 
sage of  this  act. 

Nothing  in  this  act  shall  be  construed  as  a  denial  of  the 
right  of  the  United  States  to  take  such  steps  as  may  be  neces- 
sary, including  the  bringing  of  any  suit  and  the  prosecution 
and  appeal  thereof,  to  acquire  or  retain  possession  of  restricted 
Indian  lands,  or  to  remove  cloud  therefrom,  or  clear  title  to 
the  same,  in  cases  where  deeds,  leases  or  contracts  of  any 
other  kind  or  character  whatsoever  have  been  or  shall  be  made 
contrary  to  law  with  respect  to  such  lands  prior  to  the  removal 
therefrom  of  restrictions  upon  the  alienation  thereof ;  such 
suits  to  be  brought  on  the  recommendation  of  the  Secretary 
of  the  Interior,  without  costs  or  charges  to  the  allottees,  the 
necessary  expenses  incurred  in  so  doing  to  be  defrayed  from 
the  money  appropriated  by  this  act. 

Jefferson  v.  Winkler,  26  Okla.  053,  110  Pae.  755. 
MaHarry  v.  Eatman,  29  Okla.  46,   116   Pac.  935. 
Kirkpatrick  v.  Burgess,  29  Okla.   121,  116  Pac.  764. 
Dewalt  v.  Cline,   128  Pae.   121. 

United  States  v.  Allen,  171   Pac.  907,  179  Pac.   13. 
Henry  Gas   Co.  v.  United   States,   191   Fed.    132. 
Bell  v.  Cook.  192  Fed.  597. 
Truskett  v.  Closer,  198  Fed.  835. 

Allotment  Contests — Limitation  on. 

Sec.  7.  That  no  contest  shall  be  instituted  after  sixty  days 
from  the  date  of  the  selection  of  any  allotment  herafter  made. 


Act  of  May  27,  1908.  267 

nor  after  ninety  days  from  the  approval  of  this  Act  in  case 
of  selections  made  prior  thereto  by  or  for  any  allottee  of  the 
Five  Civilized  Tribes,  and,  as  early  thereafter  as  practicable, 
deed  or  patent  shall  issue  therefor. 

Wills  of  Full-Blood  Indians. 

Sec.  8.  That  section  twenty-three  of  an  Act  entitled  "An 
Act  to  provide  for  the  final  disposition  of  the  affairs  of  the 
Five  Civilized  Tribes  in  the  Indian  Territory,  and  for  other 
purposes,"  approved  April  twenty-sixth,  nineteen  hundred  and 
six,  is  hereby  amended  by  adding  at  the  end  of  said  section, 
the  words  "or  a  judge  of  a  county  court  of  the  State  of  Okla- 
homa." 

Proctor  v.  Harrison,   125   Pac.  479. 

United  States  v.  Shock.  187  Fed.  802,  870. 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286.  55  L.  Ed.  738. 

Sale  of  Inherited  Lands — Approval  of  Deeds  of  Full-Blood  Heirs — 
Wills — Homesteads  Restricted. 

Sec.  9.  That  the  death  of  any  allottee  of  the  Five  Civilized 
Tribes  shall  operate  to  remove  all  restrictions  upon  the  alien- 
ation of  said  allottee's  land:  Provided,  That  no  conveyance 
of  any  interest  of  any  full-blood  Indian  heir  in  such  land  shall 
be  valid  unless  approved  by  the  court  having  jurisdiction  of 
the  settlement  of  the  estate  of  said  deceased  allottee:  Pro- 
vided further,  That  if  any  member  of  the  Five  Civilized  Tribes 
of  one-half  or  more  Indian  blood  shall  die  leaving  issue  sur- 
viving, born  since  March  fourth,  nineteen  hundred  and  six, 
the  homestead  of  such  deceased  allottee  shall  remain  inalien- 
able, unless  restrictions  against  alienation  are  removed  there- 
from by  the  Secretary  of  the  Interior  in  the  manner  provided 
in  section  one  hereof,  for  the  use  and  support  of  such  issue, 
during  their  life  or  lives,  until  April  twenty-sixth,  nineteen 
hundred  and  thirty-one;  but  if  no  such  issue  survive,  then 
such  allottee,  if  an  adult,  may  dispose  of  his  homestead  by  will 
free  from  all  restrictions ;  if  this  be  not  done,  or  in  the  event 
the  issue  hereinbefore  provided  for  die  before  April  twenty- 


268  Act  of  May  27,  1908. 

sixth,  nineteen  hundred  and  thirty-one,  the  land  shall  then 
descend  to  the  heirs,  according  to  the  laws  of  descent  and  dis- 
tribution of  the  State  of  Oklahoma,  free  from  all  restrictions : 
Provided  further,  That  the  provisions  of  section  twenty-three 
of  the  act  of  April  twenty-sixth,  nineteen  hundred  and  six,  as 
amended  by  this  act,  are  hereby  made  applicable  to  all  wills 
executed  under  this  section. 

Gardner,  County  Judge  v.  State,  27  Okla. ,  110  Pac.  749. 

MaHarry  v.  Eatman.  29  Okla.  46,  116  Pac.  935. 

Stout  v.  Simpson,  124  Pac.  754. 

Harris  v.  Gale,  188  Fed.  712. 

United  States  v.  Shock,  187  Fed.  870. 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286,  55  L.  Ed.  738. 

Payment  of  Choctaw  and  Chickasaw  Warrants. 

Sec.  io.  That  the  Secretary  of  the  Interior  is  hereby  author- 
ized and  directed  to  pay  out  of  any  moneys  in  the  Treasury  of 
the  United  States,  belonging  to  the  Choctaw  or  Chickasaw 
nations  respectively,  any  and  all  outstanding  general  and  school 
warrants  duly  signed  by  the  auditor  of  public  accounts  of  the 
Choctaw  and  Chickasaw  nations,  and  drawn  on  the  national 
treasurers  thereof  prior  to  January  first,  nineteen  hundred  and 
seven,  with  six  per  cent  interest  per  annum  from  the  respective 
dates  of  said  warrants :  Provided,  That  said  warrants  be  pre- 
sented to  the  United  States  Indian  agent  at  the  Union  Agency, 
Muskogee,  Oklahoma,  within  sixty  days  from  the  passage  of 
this  act,  together  with  the  affidavits  of  the  respective  holders 
of  said  warrants  that  they  purchased  the  same  in  good  faith 
for  a  valuable  consideration,  and  had  no  reason  to  suspect 
fraud  in  the  issuance  of  said  warrants :  Provided  further, 
That  such  warrants  remaining  in  the  hands  of  the  original 
payee  shall  be  paid  by  said  Secretary  when  it  is  shown  that  the 
services  for  which  said  warrants  were  issued  were  actually 
performed  by  said  payee. 

Seminole  Mineral  Leases — Payment  of  Royalties. 

Sec.  ii.  That  all  royalties  arising  on  and  after  July  first, 
nineteen  hundred  and  eight,   from  mineral  leases  of  allotted 


Act  of  May  27,  1908.  269 

Seminole  lands  heretofore  or  hereafter  made,  which  are  subject 
to  the  supervision  of  the  Secretary  of  the  Interior,  shall  be 
paid  to  the  United  States  Indian  agent,  Union  Agency,  for 
the  benefit  of  the  Indian  lessor  or  his  proper  representative 
to  whom  such  royalties  shall  thereafter  belong;  and  no  such 
lease  shall  be  made  after  said  date  except  with  the  allottee  or 
owner  of  the  land :  Provided,  That  the  interest  of  the  Seminole 
Nation  in  leases  or  royalties  arising  thereunder  on  all  allotted 
lands  shall  cease  on  June  thirtieth,  nineteen  hundred  and  eight. 

Tribal  Records — Disposition  of — Copies  to  Counties  in  Oklahoma. 
Sec.  12.  That  all  records  pertaining  to  the  allotment  of 
lands  of  the  Five  Civilized  Tribes  shall  be  finally  deposited  in 
the  office  of  the  United  States  Indian  agent,  Union  Agency, 
when  and  as  the  Secretary  of  the  Interior  shall  determine  such 
action  shall  be  taken,  and  there  is  hereby  appropriated,  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  to 
be  immediately  available  as  the  Secretary  of  the  Interior  may 
direct,  the  sum  of  fifteen  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary  to  enable  the  Secretary  of  the  Interior  to 
furnish  the  various  counties  of  the  State  of  Oklahoma  certified 
copies  of  such  portions  of  said  records  as  affect  title  to  lands 
in  the  respective  counties. 

Tribal  Property  to  Be  Accounted  for  to  Secretary. 

Sec.  13.  That  the  second  paragraph  of  section  eleven  of  an 
act  entitled  "An  act  to  provide  for  the  final  disposition  of  the 
affairs  of  the  Five  Civilized  Tribes  in  the  Indian  Territory,  and 
for  other  purposes,"  approved  April  twenty-sixth,  nineteen 
hundred  and  six,  is  hereby  amended  to  read  as  follows : 

That  every  officer,  member  or  representative  of  the  Five 
Civilized  Tribes,  respectively,  or  any  other  person,  having  in  his 
possession,  custody  or  control,  any  money  or  other  property, 
including  the  books,  documents,  records  or  any  other  papers,  of 
any  of  said  tribes,  shall  make  full  and  true  account  and  report 
thereof  to  the  Secretary  of  the  Interior,  and  shall  pay  all  money 


270  Act  of  May  27,  1908. 

of  the  tribe  in  his  possession,  custody  or  control,  and  shall  de- 
liver all  other  tribal  properties  so  held  by  him  to  the  Secretary 
of  the  Interior,  and  if  any  person  shall  wilfully  and  fraudulent- 
ly fail  to  account  for  all  such  money  and  property  so  held  by 
him,  or  to  pay  and  deliver  the  same  as  herein  provided,  prior 
to  July  thirty-first,  nineteen  hundred  and  eight,  he  shall  be 
deemed  guilty  of  embezzlement  and  upon  conviction  thereof 
shall  be  punished  by  fine  of  not  exceeding  five  thousand  dollars, 
or  by  imprisonment  not  exceeding  five  years,  or  by  both  such 
fine  and  imprisonment,  according  to  the  laws  of  the  United 
States  relating  to  such  offense,  and  shall  be  liable  in  civil  pro- 
ceedings to  be  prosecuted  in  behalf  of  and  in  the  name  of  the 
tribe  or  tribes  or  in  interest  for  the  amount  or  value  of  the 
money  or  property  so  withheld. 

Town  Lots — Sale  of  Lots. 

Sec.  14.  That  the  provisions  of  section  thirteen  of  the  Act 
of  Congress  approved  April  twenty-sixth,  nineteen  hundred 
and  six  (Thirty-fourth  Statutes  at  Large,  page  one  hundred 
and  thirty-seven),  shall  not  apply  to  town  lots  in  town  sites 
heretofore  established,  surveyed,  platted,  and  appraised  un- 
der the  direction  of  the  Secretary  of  the  Interior,  but  nothing 
herein  contained  shall  be  construed  to  authorize  the  conveyance 
of  any  interest  in  the  coal  or  asphalt  underlying  said  lots. 


Act  of  May  27,  1908.  271 

FURTHER  ANNOTATIONS. 


272  Act  of  May  27,  1908. 

FURTHER  ANNOTATIONS. 


Act  of  May  20^  1908.  273 

EXTRACTS  FROM  AN  ACT  OF  CONGRESS 

Approved   May  29,   1908. 

(35   Stat.  L.   444.) 

AN  ACT  TO  AUTHORIZE  THE  SECRETARY  OF  THE  INTERIOR 

TO  ISSUE  PATENTS  IN  FEE  TO  PURCHASERS  OF  INDIAN  LANDS 

UNDER  ANY  LAW  NOW  EXISTING  OR  HEREAFTER 

ENACTED.  AND  FOR  OTHER  PURPOSES. 

Townsites — Additional  Segregations — Sale  of. 

Section  7.  That  in  addition  to  the  towns  heretofore  segre- 
gated, surveyed,  and  scheduled  in  accordance  with  law,  the  Sec- 
retary of  the  Interior  be,  and  he  is  hereby,  authorized  to  segre- 
gate and  survey  within  that  part  of  the  territory  of  the  Choctaw 
and  Chickasaw  nations,  State  of  Oklahoma,  heretofore  segre- 
gated as  coal  and  asphalt  land,  such  other  towns,  parts  of  towns, 
or  town  lots,  as  are  now  in  existence,  or  which  he  may  deem  it 
desirable  to  establish.  He  shall  cause  the  surface  of  the  lots 
in  such  towns  or  parts  of  towns  to  be  appraised,  scheduled, 
and  sold  at  the  rates,  on  the  terms,  and  with  the  same  character 
of  estate  as  is  provided  in  section  twenty-nine  of  the  Act  of 
Congress  approved  June  twenty-eight,  eighteen  hundred  and 
ninety-eight  (Thirtieth  Statutes  at  Large,  page  four  hundred 
and  ninety-five),  under  regulations  to  be  prescribed  by  him. 
That  the  provisions  of  section  thirteen  of  the  Act  of  Congress 
approved  April  twenty-sixth,  nineteen  hundred  and  six 
(Thirty-fourth  Statutes  at  Large,  page  one  hundred  and  thirty- 
seven),  shall  not  apply  to  town  lots  appraised  and  sold  as 
provided  herein.  That  all  expenses  incurred  in  surveying, 
platting,  and  selling  the  lots  in  any  town  or  parts  of  towns  shall 
be  paid  from  the  proceeds  of  the  sale  of  town  lots  of  the  nation 
in  which  such  town  is  situate. 

Superior  Oil  &  Gas  Co.  v.  Mehlin,  25  Okla.  809.  108  Pac.  545. 

Unallotted  Lands  May  Be  Sold  for  School  Purposes. 

Sec.    10.      That   the    Secretary   of   the    Interior    is    hereby 
authorized  to  sell  for  use  for  school  purposes  to  school  districts 
VCT18 


274  Appeals  in  Land  Suits. 

of  the  State  of  Oklahoma,  from  the  unallotted  lands  of  the  Five 
Civilized  Tribes,  tracts  of  land  not  to  exceed  two  acres  in  any 
one  district,  at  prices  and  under  regulations  to  be  prescribed  by 
him,  and  proper  conveyances  of  such  lands  shall  be  executed  in 
accordance  with  existing  laws  regarding  the  conveyance  of 
tribal  property ;  and  the  Secretary  of  the  Interior  also  shall  have 
authority  to  remove  the  restrictions  on  the  sale  of  such  lands, 
not  to  exceed  two  acres  in  each  case,  as  allottees  of  the  Five 
Civilized  Tribes,  including  full-bloods  and  minors,  may  de- 
sire to  sell  for  school  purposes. 


EXTRACT  FROM  AN  ACT  OF  CONGRESS 

Approved  June  25,  1910. 

ALLOWING  APPEALS  IN  FEDERAL  LAND  SUITS. 

(3G  Stat.  L.  836.) 

AN  ACT  TO  AUTHORIZE  THE  SECRETARY  OF  THE  INTERIOR  TO 

ISSUE  A  PATENT  TO  THE  CITY  OF  ANADARKO,  STATE 

OF  OKLAHOMA,  FOR  A  TRACT  OF  LAND, 

AND  FOR  OTHER  PURPOSES. 

Section  3.  That  an  appeal  to  the  Supreme  Court  of  the 
United  States  in  all  suits  affecting  the  allotted  lands  within  the 
eastern  district  of  Oklahoma  or  on  demurrers  in  such  suits 
appealed  to  the  United  States  circuit  court  of  appeals,  eighth 
circuit,  is  hereby  authorized  to  be  made  by  any  of  the  parties 
thereto,  including  appeals  from  orders  reversing  judgments  of 
the  trial  court. 

Mullen  v.  U.  S..  224  U.  S.  448,  56  L.  Ed.  834. 

Deming  Investment  Co.  v.  U.  S.  224  U.  S.  471,  56  L.  Ed.  841. 


Deeds — Coal  and  Asphalt  Lands,  1912.  275 


EXTRACT  FROM  AN  ACT  OF  CONGRESS 

Approved  June  25,  1910. 

DEEDS  TO  TRIBAL  LANDS  ISSUED  AFTER  THE  DEATH  OF 
ALLOTTEE. 

(36  Stat.  L.  855.) 

AN  ACT  TO  PROVIDE  FOR  DETERMINING  THE  HEIRS  OF 
DECEASED   INDIANS,    FOR   THE   DISPOSITION   AND 
SALE  OF  ALLOTMENTS  OF  DECEASED  INDIANS,  FOR  THE  LEAS- 
ING OF  ALLOTMENTS,  AND  FOR  OTHER  PURPOSES. 

Section  32.  Where  deeds  to  tribal  lands  in  the  Five  Civilized 
Tribes  have  been  or  may  be  issued,  in  pursuance  of  any  tribal 
agreement  or  Act  of  Congress,  to  a  person  who  had  died  or  who 
hereafter  dies  before  the  approval  of  such  deed,  the  title  to  the 
land  designated  therein  shall  inure  to  and  become  vested  in  the 
heirs,  devisees,  or  assigns  of  such  deceased  grantee  as  if  the 
deed  had  issued  to  the  deceased  grantee  during  life. 

Sec.  33.  That  the  provisions  of  this  act  shall  not  apply  to 
the  Osage  Indians,  nor  to  the  Five  Civilized  Tribes,  in  Okla- 
homa, except  as  provided  in  section  thirty-two. 


ACT  OF  CONGRESS 

Approved  February  19,  1912. 

AN  ACT  TO  PROVIDE  FOR  THE  SALE  OF  THE  SURFACE  OF  THE 

SEGREGATED  COAL  AND  ASPHALT  LANDS  OF  THE  CHOC- 
TAW AND  CHICKASAW  NATIONS,  AND  FOR  OTHER  PURPOSES. 

Lands  to  Be  Sold  for  not  Less  than  Appraised  Value — Appraise- 
ment— Procedure. 
BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  'OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  Secre- 
tary of  the  Interior  is  hereby  authorized  to  sell  at  not  less  than 


276  Coal  and  Asphalt  Lands,  1912. 

the  appraised  price,  to  be  fixed  as  hereinafter  provided,  the 
surface,  leased  and  unleased,  of  the  lands  of  the  Choctaw  and 
Chickasaw  Nations  in  Oklahoma  segregated  and  reserved  by 
order  of  the  Secretary  of  the  Interior  dated  March  twenty- 
fourth,  nineteen  hundred  and  three,  authorized  by  the  Act  ap- 
proved July  first,  nineteen  hundred  and  two.  The  surface 
herein  referred  to  shall  include  the  entire  estate  save  the  coal 
and  asphalt  reserved.  Before  offering  such  surface  for  sale  the 
Secretary  of  the  Interior,  under  such  regulations  as  he  may 
prescribe,  shall  cause  the  same  to  be  classified  and  appraised  by 
three  appraisers,  to  be  appointed  by  the  President,  at  a  com- 
pensation to  be  fixed  by  him,  not  to  exceed  for  salary  and  ex- 
penses for  each  appraiser  the  sum  of  fifteen  dollars  per  day  for 
the  time  actually  engaged  in  making  such  classification  and  ap- 
praisement. The  classification  and  appraisement  of  the  sur- 
face shall  be  by  tracts,  according  to  the  Government  survey  of 
said  lands,  except  that  lands  which  are  especially  valuable  by 
reason  of  proximity  to  towns  or  cities  may,  in  the  discretion  of 
the  Secretary  of  the  Interior,  be  subdivided  into  lots  or  tracts 
containing  not  less  than  one  acre.  In  appraising  said  surface 
the  value  of  any  improvements  thereon  belonging  to  the 
Choctaw  and  Chickasaw  Nations,  except  such  improvements  as 
have  been  placed  on  coal  or  asphalt  lands  leased  for  mining 
purposes,  shall  be  taken  into  consideration.  The  surface  shall 
be  classified  as  agricultural,  grazing,  or  as  suitable  for  town 
lots.  The  classification  and  appraisement  provided  for  herein 
shall  be  completed  within  six  months  from  the  date  of  the  pas- 
sage of  this  Act,  shall  be  sworn  to  by  the  appraisers,  and  shall 
become  effective  when  approved  by  the  Secretary  of  the  In- 
terior: Provided,  That  in  the  proceedings  and  deliberation  of 
said  appraisers  in  the  process  of  said  appraisement  and  in  the 
approval  thereof  the  Choctaw  and  Chickasaw  Nations  may 
present  for  consideration  facts,  figures,  and  arguments  bearing 
upon  the  value  of  said  property. 


Coal  and  Asphalt  Lands,  19 12.  277 

Holder's  Preference  Right  to  Purchase — Failure  to  Exercise  Pref- 
erence. 
Sec.  2.  That  after  such  classification  and  appraisement 
has  been  made  each  holder  of  a  coal  or  asphalt  lease  shall  have 
a  right  for  sixty  days,  after  notice  in  writing,  to  purchase,  at 
the  appraised  value  and  upon  the  terms  and  conditions  here- 
inafter prescribed,  a  sufficient  amount  of  the  surface  of  the 
land  covered  by  his  lease  to  embrace  improvements  actually  used 
in  present  mining  operations  or  necessary  for  future  operations 
up  to  five  per  centum  of  such  surface,  the  number,  location,  and 
extent  of  the  tracts  to  be  thus  purchased  to  be  approved  by  the 
Secretary  of  the  Interior:  Provided,  That  the  Secretary  of 
the  Interior  may,  in  his  discretion,  enlarge  the  amount  of  land 
to  be  purchased  by  any  such  lessee  to  not  more  than  ten  per 
centum  of  such  surface :  Provided  further,  That  such  pur 
chase  shall  be  taken  and  held  as  a  waiver  by  the  purchaser  of 
any  and  all  rights  to  appropriate  to  his  use  any  other  part  of 
the  surface  of  such  land,  except  for  the  purpose  of  future 
operations,  prospecting,  and  for  ingress  and  egress,  as  here- 
inafter reserved :  Provided  further,  That  if  any  lessee  shall 
fail  to  apply  to  purchase  under  the  provisions  of  this  section 
within  the  time  specified  the  Secretary  of  the  Interior  may,  in 
his  discretion,  with  ihe  consent  of  the  lessee,  designate  and  re- 
serve from  sale  such  tract  or  tracts  as  he  may  deem  proper  and 
necessary  «to  embrace  improvements  actually  used  in  present 
mining  operations,  or  necessary  for  future  operations,  under 
any  existing  lease,  and  dispose  of  the  remaining  portion  of  the 
surface  within  such  lease  free  and  clear  of  any  claim  by  the 
lessee,  except  for  the  purposes  of  future  operations,  prospect- 
ing, and  for  ingress  and  egress,  as  hereinafter  reserved. 

Condition  of  Sales — Procedure. 

Sec.  3.  That  sales  of  the  surface  under  this  Act  shall 
be  upon  the  conditions  that  the  Choctaw  and  Chickasaw  Na- 
tions, their  grantees,  lessees,  assigns,  or  successors,  shall  have 
the  right  at  all  times  to  enter  upon  said  lands  for  the  purpose 


278  Coal  and  Asphalt  Lands,  1912. 

of  prospecting  for  coal  or  asphalt  thereon,  and  also  the  right  of 
underground  ingress  and  egress,  without  compensation  to  the 
surface  owner,  and  upon  the  further  condition  that  said  nations, 
their  grantees,  lessees,  assigns,  or  successors,  shall  have  the 
right  to  acquire  such  portions  of  the  surface  of  any  tract, 
tracts,  or  rights  thereto  as  may  be  reasonably  necessary  for 
prospecting  or  for  the  conduct  of  mining  operations  or  for  the 
removal  of  deposits  of  coal  and  asphalt  upon  paying  a  fair  val- 
uation for  the  portion  of  the  surface  so  acquired.  If  the  owner 
of  the  surface  and  the  then  owner  or  lessee  of  such  mineral 
deposits  shall  be  unable  to  agree  upon  a  fair  valuation  for  the 
surface  so  acquired,  such  valuation  shall  be  determined  by 
three  arbitrators,  one  to  be  appointed,  in  writing,  a  copy  to  be 
served  on  the  other  party  by  the  owner  of  the  surface,  one  in 
like  manner  by  the  owner  or  lessee  of  the  mineral  deposits, 
and  the  third  to  be  chosen  by  the  two  so  appointed ;  and  in  case 
the  two  arbitrators  so  appointed  should  be  unable  to  agree  upon 
a  third  arbitrator  within  thirty  days,  then  and  in  that  event, 
upon  the  application  of  'either  interested  party,  the  United 
States  district  judge  in  the  district  within  which  said  land  in 
located  shall  appoint  the  third  arbitrator:  Provided,  That  the 
owner  of  such  mineral  deposits  or  lessee  thereof  shall  have  the 
right  of  entry  upon  the  surface  so  to  be  acquired  for  mining 
purposes  immediately  after  the  failure  of  the  parties  to  agree 
upon  a  fair  valuation  and  the  appointment,  as  above  provided, 
of  an  arbitrator  by  the  said  owner  or  lessee. 

Sales  at  Public  Auction — When  to  Be  Made. 

Sec.  4.  That  upon  the  expiration  of  two  years  after  the 
lands  have  been  first  offered  for  sale  the  Secretary  of  the  In- 
terior, under  rules  and  regulations  to  be  prescribed  by  him, 
shall  cause  to  be  sold  to  the  highest  bidder  for  cash  the  sur- 
face of  any  lands  remaining  unsold  and  of  any  surface  lands 
forfeited  by  reason  of  nonpayment  of  any  part  of  the  purchase 
price,  without  regard  to  the  appraised  value  thereof :  Pro- 
vided, That  the  Secretary  of  the  Interior  is  authorized  to  sell 


Coal  and  Asphalt  Lands,  1912.  279 

at  not  less  than  the  appraised  value  to  the  McAlester  Country 
Club,  of  McAlester,  Oklahoma,  the  surface  of  not  to  exceed 
one  hundred  and  sixty  acres  in  section  seventeen,  township 
five  north,  range  fifteen  east:  Provided  further,  That  the 
mineral  underlying  the  surface  of  the  lands  condemned  for 
the  State  penitentiary  at  McAlester,  Oklahoma,  under  the 
Indian  appropriation  Act  approved  March  third,  nineteen 
hundred  and  nine,  shall  be  subject  to  condemnation,  under  the 
laws  of  the  State  of  Oklahoma,  for  State  penitentiary  purposes  : 
And  Provided  further,  That  said  mineral  shall  not  be  mined 
for  other  than  State  penitentiary  purposes. 

Sales  at  Public  Auction — Procedure — Terms  of  Payment. 

Sec.  5.  That  the  sales  herein  provided  for  shall  be  at 
public  auction  under  rules  and  regulations  and  upon  terms  to 
be  prescribed  by  the  Secretary  of  the  Interior,  except  that  no 
payment  shall  be  deferred  longer  than  two  years  after  the 
sale  is  made.  All  agricultural  lands  shall  be  sold  in  tracts  not 
to  exceed  one  hundred  and  sixty  acres,  and  deeds  shall  not  be 
issued  to  any  one  person  for  more  than  one  hundred  and 
sixty  acres  of  agricultural  land,  grazing  lands  in  tracts  not 
to  exceed  six  hundred  and  forty  acres,  and  lands  especially 
valuable  by  reason  of  proximity  to  towns  or  cities  may,  in  the 
discretion  of  the  Secretary  of  the  Interior,  be  sold  in  lots  or 
tracts  containing  not  less  than  one  acre  each.  All  deferred 
payments  shall  bear  interest  at  five  per  centum  per  annum, 
and  if  default  be  made  in  any  payment  when  due  all  rights  of 
the  purchaser  thereunder  shall,  at  the  discretion  of  the  Secre- 
tary of  the  Interior,  cease  and  the  lands  shall  be  taken  posses- 
sion of  by  him  for  the  benefit  of  the  two  nations,  and  the  money 
paid  as  the  purchase  price  of  such  lands  shall  be  forfeited  to 
the  Choctaw  and  Chickasaw  Tribes  of  Indians. 

Sales — Procedure — Issuance  of  Patents. 

Sec.  6.  That  if  the  mining  trustees  of  the  Choctaw  and 
Chickasaw  Nations  and  the  three  appraisers  herein  provided 
for,  or  a  majority  of  the  said  trustees  and  appraisers,  shall  find 


280  Coal  and  Asphalt  Lands,  19 12. 

that  such  tract  or  tracts  can  not  be  profitably  mined  for  coal 
or  asphalt  and  can  be  more  advantageously  disposed  of  by 
selling  the  surface  and  the  coal  and  asphalt  together,  such  tract 
or  tracts  may  be  sold  in  that  manner,  in  the  discretion  of  the 
Secretary  of  the  Interior,  and  patents  issued  for  said  lands  as 
provided  by  existing  laws :  Provided,  That  this  section  shall 
not  apply  to  land  now  leased  for  the  purpose  of  mining  coal  or 
asphalt  within  the  segregated  and  reserved  area  herein  de- 
scribed. 

Issuance  of  Patents. 

Sec.  7.  That  when  full  purchase  price  for  any  property 
sold  herein  is  paid,  the  chief  executive  of  the  two  tribes  shall 
execute  and  deliver,  with  the  approval  of  the  Secretary  of  the 
Interior,  to  each  purchaser  an  appropriate  patent  or  instrument 
of  conveyance  conveying  to  the  purchaser  the  property  so  sold, 
and  all  conveyances  made  under  this  Act  shall  convey  the  fee 
in  the  land  with  reservation  to  the  Choctaw  and  Chickasaw 
Tribes  of  Indians  of  the  coal  and  asphalt  in  such  land,  and  shall 
contain  a  clause  or  clauses  reciting  and  containing  the  reserva- 
tions, restrictions,  covenants,  and  conditions  under  which  the 
said  property  was  sold,  as  herein  provided,  and  said  conveyance 
shall  specifically  provide  that  the  reservations,  restrictions, 
covenants,  and  conditions  therein  contained  .shall  run  with  the 
land  and  bind  the  grantees,  successors,  representatives,  and  as- 
signs of  the  purchaser  of  the  surface :  Provided,  That  the  pur- 
chaser of  the  surface  of  any  coal  or  asphalt  land  shall  have  the 
right  at  any  time  before  final  payment  is  due  to  pay  the  full 
purchase  price  on  the  surface  of  said  coal  or  asphalt  land,  with 
accrued  interest,  and  shall  thereupon  be  entitled  to  patent  there- 
for, as  herein  provided. 

Appropriations. 

Sec.  8.  That  there  is  hereby  appropriated  out  of  any  moneys 
in  the  Treasury  not  otherwise  appropriated  belonging  to  the 
Choctaw  and  Chickasaw  Tribes  of  Indians,  the  sum  of  fifty 
thousand  dollars  to  pay  expenses  of  the  classification,  appraise- 


Coal  and  Asphalt  Lands,  1912.  281 

ment,  and  sales  herein  provided  for,  and  the  proceeds  received 
from  the  sales  of  lands  hereunder  shall  be  paid  into  the  Treas- 
ury of  the  United  States  to  the  credit  of  the  Choctaws  and 
Chickasaws  and  disposed  of  in  accordance  with  section  sev- 
enteen of  an  Act  entitled  "An  Act  to  provide  for  the  final  dis- 
position of  the  affairs  of  the  Five  Civilized  Tribes  in  Indian 
Territory,  and  for  other  purposes,"  approved  April  twenty- 
sixth,  nineteen  hundred  and  six,  and  the  Indian  Appropriation 
Act  approved  March  third,  nineteen  hundred  and  eleven. 

Secretary  of  Interior  to  Prescribe  Rules  and  Regulations. 

Sec.  9.  That  the  Secretary  of  the  Interior  be,  and  he  is 
hereby,  authorized  to  prescribe  such  rules,  regulations,  terms, 
and  conditions  not  inconsistent  with  this  Act  as  he  may  deem 
necessary  to  carry  out  its  provisions,  including  the  establish- 
ment of  an  office  during  the  sale  of  this  land  at  McAlester, 
Pittsburg  County,  Oklahoma. 


INDIAN  APPROPRIATION  ACTS. 


EXTRACTS  FROM  INDIAN  APPROPRIATION   ACT 

Approved  March  3,  1803. 

CREATING   COMMISSION  TO  THE   FIVE  CIVILIZED  TRIBES. 

(27  Stat.  L.  645.) 

Allotment  of  Lands — Citizenship  for  Indians. 

Section  15.  The  consent  of  the  United  States  is  hereby  giv- 
en to  the  allotment  of  lands  in  severalty  not  exceeding  one 
hundred  and  sixty  acres  to  any  one  individual  within  the  limits 
of  the  country  occupied  by  the  Cherokees,  Creeks,  Choctaws, 
Chickasaws,  and  Seminoles ;  and  upon  such  allotment  the  in- 
dividuals to  whom  the  same  may  be  allotted  shall  be  deemed  to 
be  in  all  respects  citizens  of  the  United  States.  And  the  sum 
of  twenty-five  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  to  pay  for  the  survey  of 
any  such  lands  as  may  be  allotted  by  any  of  said  tribes  of 
Indians  to  individual  members  of  said  tribes ;  and  upon  the 
allotment  of  the  lands  held  by  said  tribes  respectively  the  rever- 
sionary interest  of  the  United  States  therein  shall  be  re- 
linquished and  shall  cease. 

Dawes  Commission  Created — Purpose  and  Authority  of. 

Sec.  16.  The  President  shall  nominate  and,  by  and  with 
the  advice  and  consent  of  the  Senate,  shall  appoint  three  com- 
missioners to  enter  into  negotiations  with  the  Cherokee  Nation. 
the  Choctaw  Nation,  the  Chickasaw  Nation,  the  Muskogee  (or 
Creek)  Nation,  the  Seminole  Nation,  for  the  purpose  of  ex- 
tinguishment of  the  national  or  tribal  title  to  any  lands  within 
that  territory  now  held  by  any  and  all  of  such  nations  or  tribes, 
either  by  cession  of  the  same,  or   some  part  thereof  to  the 

(282) 


Ind.  App.  Act,  1893.  283 

United  States,  or  by  the  allotment  and  division  of  the  same  in 
severalty  among  the  Indians  of  such  nations  or  tribes,  respec- 
tively, as  may  be  entitled  to  the  same,  or  by  such  other  method 
as  may  be  agreed  upon  between  the  several  nations  and  tribes 
aforesaid,  or  each  of  them,  with  the  United  States,  with  a  view 
to  such  an  adjustment,  upon  the  basis  of  justice  and  equity,  as 
may,  with  the  consent  of  such  nations  or  tribes  of  Indians,  so 
far  as  may  be  necessary,  be  requisite  and  suitable  to  enable 
the  ultimate  creation  of  a  State  or  States  of  the  Union  which 
shall  embrace  the  lands  within  the  said  Indian  Territory. 

Such  commissioners  shall,  under  such  regulations  and  direc- 
tions as  shall  be  prescribed  by  the  President,  through  the  Sec- 
retary of  the  Interior,  enter  upon  negotiation  with  the  several 
nations  of  Indians  as  aforesaid  in  the  Indian  Territory,  and 
shall  endeavor  to  procure,  first,  such  allotment  of  lands  in  sev- 
eralty to  the  Indians  belonging  to  each  such  nation,  tribe  or 
band,  respectively,  as  may  be  agreed  upon  as  just  and  proper  to 
provide  for  each  such  Indian  a  sufficient  quantity  of  land  for 
his  or  her  needs,  in  such  equal  distribution  and  apportionment 
as  may  be  found  just  and  suited  to  the  circumstances ;  for  which 
purpose,  after  the  terms  of  such  an  agreement  shall  have  been 
arrived  at,  the  said  commissioners  shall  cause  the  land  of  any 
such  nation  or  tribe,  or  band  to  be  surveyed  and  the  proper 
allotment  to  be  designated;  and  secondly,  to  procure  the  ces- 
sion, for  such  price  and  upon  such  terms  as  shall  be  agreed 
upon,  of  any  lands  not  found  necessary  to  be  so  allotted  or 
divided,  to  the  United  States ;  and  to  make  proper  agreements 
for  the  investment  or  holding  by  the  United  States  of  such 
moneys  as  may  be  paid  or  agreed  to  be  paid  to  such  nation,  or 
tribes,  or  bands,  or  to  any  of  the  Indians  thereof,  for  the  ex- 
tinguishment of  their  (interests)  therein.  But  said  commis- 
sioners shall,  however,  have  power  to  negotiate  any  and  all 
such  agreements  as,  in  view  of  all  the  circumstances  affect- 
ing the  subject,  shall  be  found  requisite  and  suitable  to  such 
an  arrangement  of  the  rights  and  interests  and  affairs  of  such 
nations,  tribes,  bands,  or  Indians  or  any  of  them,  to  enable  the 


284  Act  of  March  2,  1895. 

ultimate  creation  of  a  territory  of  the  United  States  with  a 
view  to  the  admission  of  the  same  as  a  State  in  the  Union. 

Zevely  v.  Weimer.  5  I.  T.  687,  82  S.  W.  941. 
Dick  v.  Ross,  G  I.  T.  85,  80  S.  W.  664. 
Williams  v.  First  Nat'l  Bank,  20  Okla.  276,  05  Pac.  457. 
*   DeGraffenreid  v.  Iowa  Rand  &  Trust  Co.,  20  Okla.  687,  95  Pac.  624. 
Godfrey  v.  Iowa  Land  &  Trust  Co.,  21  Okla.  293,  95  Pac.  792. 
Western  Investment  Co.  v.  Tiger,  21  Okla.  630,  96  Pac.  602,  221  U.  S. 

286,  55  L.  Ed.  738. 
Kimberlin  v.  Commission  to  Five  Civilized  Tribes,   104  Fed.  653. 
Wallace  v.  Adams,  143  Fed.  716',  204  U.  S.  420,  51  L.  Ed.  547. 
Shulthis  v.  McDougal,   162  Fed.   331. 
Ligon  v.  Johnson,  164  Fed.  670. 
United  States  v.   Allen,   171  Fed.  907,   179  Fed.   13. 
United   States  v.   Shock,    187   Fed.   862. 
The  30,000  Land  Suits,  199  Fed.  811. 

Cherokee  Nation  v.  Hitchcock,  187  U.  S.  303,  47  L.  Ed.   183. 
Lowe  v.  Fisher,  223  U.  S.  95,  56  L.  Ed.  364. 
Heckman  v.   United  States,  224  U.  S.  413,  56  L.  Ed.  820. 
Mullen  v.  United  States,  224  U.  S.  448,  56  L.  Ed.  834. 
Goat  v.  United  States,  224  U.  S.  458,  56  L.  Ed.  841. 


INDIA.N  APPROPRIATION  ACT 

Approved  August   15,   1894. 

(28  Stat.  L.  ?86.) 

(This  Act  contains  no  legislation  affecting  the  Five  Civilized  Tribes,  or 
the  Osage  Nation.) 


INDIAN  APPROPRIATION  ACT 

Approved  March  2,  1895. 

(28  Stat.  L.  876.) 

(Th?'s  Act  contains  no  legislation  affecting  the  Five  Civilized  Tribes,  or 
the  Osage  Nation.) 


Ind.  App.  Act,  1896.  285 


EXTRACTS  FROM  SUNDRY  CIVIL  APPROPRIATION  BILL 

Approved  March  2,  1895. 
(28  Stat.  L.  939.) 

Dawes  Commisssion — Two  Additional  Members. 

For  continuing  the  work  of  the  Commission  appointed  un- 
der section  sixteen  of  the  Act  entitled  "An  Act  making  appro- 
priations for  current  and  contingent  expenses,  and  fulfilling 
treaty  stipulations  with  Indian  tribes  for  fiscal  year  ending 
June  thirtieth,  eighteen  hundred  and  ninety-four,"  approved 
March  third,  eighteen  hundred  and  ninety-three,  including  the 
unexpended  balance  of  the  present  appropriation,  thirty  thou- 
sand dollars,  to  be  immediately  available;  and  the  President 
is  hereby  authorized  to  appoint  two  additional  members  of  said 
Commission,  who  shall  receive  the  compensation  and  expenses 
provided  in  said  Act  for  members  of  said  Commission:  Pro- 
vided, That  so  much  of  said  Act  as  authorizes  the  employment 
of  a  stenographer  and  a  surveyor,  or  other  assistant  or  agent, 
is  hereby  repealed. 

Williams  v.  First  Nafl  Bank,  20  Okla.  277,  95  Pac.  457. 
DeGraffenreid  v.  Iowa  Land  &  Trust  Co.,  20  Okla.  687,  95  Pac.  624. 
Western  Investment  Co.  v.  Tigers.  21  Okla.  630,  96  Pac.  602. 
Kimberlin  v.  Commission  to  Five  Civilized  Tribes,  104  Fed.  653. 
Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.  1041. 
II.  S.  v.  Choctaw  Nation,  179  U.  S.  496.  45  L.  Ed.  291. 
Cherokee  Nation  v.  Hitchcock,  187  U.  S.  303,  47  L.  Ed.  183. 
Dick  v.  Ross,  6  I.  T.  85,  89  S.  W.  664. 


286  Ind.  App.  Act,  1896. 


EXTRACTS  FROM  INDIAN  APPROPRIATION  ACT, 

Approved   Tune  10,  1896. 
(20  Stat.  L.  330.) 

Dawes  Commission  Continued — Rolls  of  Citizenship — Appeals — 
Government  of  Indian  Territory. 

For  salaries  and  expenses  of  the  Commissioners  appointed 
under  Acts  of  Congress  approved  March  third,  eighteen  hun- 
dred and  ninety-three,  and  March  second,  eighteen  hundred 
and  ninety-five,  to  negotiate  with  the  Five  Civilized  Tribes  in 
the  Indian  Territory,  the  sum  of  forty  thousand  dollars,  to  be 
immediate  available  ;  and  said  commission  is  directed  to  con- 
tinue the  exercise  of  the  authority  already  conferred  upon  them 
by  law  and  endeavor  to  accomplish  the  objects  heretofore  pre- 
scribed to  them  and  report  from  time  to  time  to  Congress. 

That  said  commission  is  further  authorized  and  directed 
to  proceed  at  once  to  hear  and  determine  the  application  of  all 
persons  who  may  apply  to  them  for  citizenship  in  any  of  said 
nations,  and  after  such  hearing  they  shall  determine  the  right 
of  such  applicant  to  be  so  admitted  and  enrolled:  Provided, 
however,  That  such  application  shall  be  made  to  such  Com- 
missioners within  three  months  after  the  passage  of  this  Act. 
The  said  commission  shall  decide  all  such  applications  within 
ninety  days  after  the  same  shall  be  made.  That  in  determin- 
ing all  such  applications  said  commission  shall  respect  all  laws 
of  the  several  nations  or  tribes,  not  inconsistent  with  the  laws 
of  the  United  States,  and  all  treaties  with  either  of  said  nations 
or  tribes,  and  shall  give  due  force  and  effect  to  the  rolls,  usages, 
and  customs  of  each  of  said  nations  or  tribes:  And  Pro- 
vided, further,  That  the  rolls  of  citizenship  of  the  several 
tribes  as  now  existing  are  hereby  confirmed,  and  any  person 
who  shall  claim  to  be  entitled  to  be  added  to  said  rolls  as  a 
citizen  of  either  of  said  tribes  and  whose  right  thereto  has 
either  been  denied  or  not  acted  upon,  or  any  citizen  who  may 
within  three  months  from  and  after  the  passage  of  this  Act 


Ind.  App.  Act,  1896.  287 

desire  such  citizenship,  may  apply  to  the  legally  constituted 
court  or  committee  designated  by  the  several  tribes  for  such 
citizenship,  and  such  court  or  committee  shall  determine  such 
application  within  thirty  days  from  the  date  thereof. 

In  the  performance  of  such  duties  said  Commission  shall 
have  power  and  authority  to  administer  oaths,  to  issue  procees 
and  compel  the  attendance  of  witnesses,  and  to  send  for  persons 
and  papers,  and  all  depositions  and  affidavits  and  other  evidence 
in  any  form  whatsoever  heretofore  taken  where  the  witnesses 
giving  said  testimony  are  dead  or  now  residing  beyond  the 
limits  of  said  Territory,  and  to  use  every  fair  and  reasonable 
means  within  their  reach  for  the  purpose  of  determining  the 
rights  of  persons  claiming  such  citizenship,  or  to  protect  any 
of  said  nations  from  fraud  or  wrong,  and  the  rolls  so  prepared 
by  them  shall  be  hereafter  held  and  considered  to  be  the  true 
and  correct  rolls  of  persons  entitled  to  the  rights  of  citizenship 
in  said  several  tribes ;  Provided,  That  if  the  tribe,  or  any  per- 
son, be  aggrieved  with  the  decision  of  the  tribal  authorities  or 
the  commission  provided  for  in  this  Act,  it  or  he  may  appeal 
from  such  decision  to  the  United  States  district  court:  Pro- 
vided, however,  That  the  appeal  shall  be  taken  within  sixty 
days,  and  the  judgment  of  the  court  shall  be  final. 

That  the  said  commission,  after  the  expiration  of  six  months, 
shall  cause  a  complete  roll  of  citizenship  of  each  of  said  na- 
tions to  be  made  up  from  their  records,  and  add  thereto  the 
names  of  citizens  whose  right  may  be  conferred  under  this 
Act,  and  said  rolls  shall  be,  and  are  hereby,  made  rolls  of 
citizenship  of  said  nations  or  tribes,  subject,  however,  to  the 
determination  of  the  United  States  courts,  as  provided  here- 
in. 

The  commission  is  hereby  required  to  file  the  lists  of  mem- 
bers as  they  finally  approve  them  with  the  Commissioner  of 
Indian  Affairs  to  remain  there  for  use  as  the  final  judgment  of 
the  duly  constituted  authorities.  And  said  commission  shall 
also  make  a  roll  of  freedmen  entitled  to  citizenship  in  said 
tribes  and  shall  include  their  names  in  the  lists  of  members  to 


288  Ind.  App.  Act,  1896. 

be  filed  with  the  Commissioner  of  Indian  Affairs.  And  said 
commission  is  further  authorized  and  directed  to  make  a  full 
report  to  Congress  of  leases,  tribal  and  individual,  with  the 
area,  amount  and  value  of  the  property  leased  and  the  amount 
received  therefor,  and  by  whom  and  from  whom  said  prop- 
erty is  leased,  and  is  further  directed  to  make  a  full  and  de- 
tailed report  as  to  the  excessive  holdings  of  members  of  said 
tribes  and  others. 

It  is  hereby  declared  to  be  the  duty  of  the  United  States 
to  establish  a  government  in  the  Indian  Territory  which  will 
rectify  the  many  inequalities  and  discriminations  now  existing 
in  said  Territory  and  afford  needful  protection  to  the  lives  and 
property  of  all  citizens  and  residents  thereof. 


Surveying  lands  in  the  Indian  Territory :  For  the  comple- 
tion of  the  survey  of  the  lands  in  the  Indian  Territory,  two 
hundred  thousand  dollars,  or  so  much  thereof,  as  may  be  nec- 
essary, to  be  immediately  available :  Provided,  That  the  sur- 
veys herein  authorized,  or  any  part  of  them,  in  the  Indian  Ter- 
ritory shall  be  made  under  the  supervision  of  the  Director  of 
the  Geological  Survey  by  such  persons  as  may  be  employed  by 
or  under  him  for  that  purpose.  And  such  surveys  shall  be 
executed  under  instructions  to  be  issued  by  the  Secretary  of  the 
Interior,  and  subdivisional  surveys  shall  be  executed  under 
the  rectangular  system,  as  now  provided  by  law:  Provided 
further,  That  when  any  surveys  shall  have  been  so  made  and 
plats  and  field  notes  thereof  prepared,  they  shall  be  approved 
and  certified  to  by  the  Director  of  the  Geological  Survey,  and 
two  copies  thereof  shall  be  returned,  one  for  filing  in  the  In- 
dian Office  and  one  in  the  General  Land  Office ;  and  such  sur- 
veys, field  notes,  and  plats  shall  have  the  same  legal  force  and 
effect  as  heretofore  given  to  the  acts  of  surveyors  general : 
Provided  further.  That  all  laws  inconsistent  with  the  pro- 
visions hereof  are  hereby  declared  to  be  inoperative  as  respects 
such  surveys :  Provided  further,  That  hereafter,  in  the  public 


Ind.  App.  Act,  1896.  289 

land  surve3'S  of  the  Indian  Territory,  iron  or  stone  posts  shall 
be  erected  at  each  township  corner,  upon  which  shall  be 
recorded  the  usual  marks  required  to  be  placed  on  township 
corners  by  the  laws  and  regulations  governing  public  land 
surveys;  also,  that  similar  monuments  shall  be  established  at 
the  corners  of  the  townships  that  have  been  already  sur- 
veyed by  the  Geological  Survey :  And  Provided  further,  That 
the  entire  cost  and  transportation  of  such  monuments  to  the 
Indian  Territory  shall  not  exceed  five  thousand  dollars,  and 
the  cost  of  the  setting  of  the  monuments  in  the  areas  already 
surveyed  shall  not  exceed  two  thousand  five  hundred  dollars : 
Provided  further,  That  hereafter  it  shall  be  unlawful  for  any 
person  to  destroy,  deface,  change,  or  remove  to  another  place 
any  section  corner,  quarter-section  corner,  or  meander  post,  on 
any  Government  line  or  survey,  or  to  cut  down  any  witness 
tree  or  any  tree  blazed  to  mark  the  line  of  a  Government 
survey,  or  to  deface,  change,  or  remove  any  monument  or 
bench  mark  of  any  Government  survey.  That  any  person  who 
shall  offend  against  any  of  the  provisions  of  this  paragraph 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  in  any  court  shall  be  fined  not  exceeding  two  hundred 
and  fifty  dollars,  or  be  imprisoned  not  more  than  one  hundred 
days.  All  the  fines  accruing  under  this  paragraph  shall  be 
paid  into  the  Treasury,  and  the  informer  in  each  case  of  con- 
viction shall  be  paid  the  sum  of  twenty-five  dollars. 

Kimberlin  v.  Commission,  3  I.  T.  25,  53   S.  W.  467.   104  Fed.  653. 
Casteel  v.  McNeely,  4  I.  T.  11,  64  S.  W.  594. 
Ihikes  v.  Goodall,  5  I.  T.  145,  82  S.  W.  702. 
'  Zevely  v.  Weimer.  5  I.  T.  687,  82  S.  W.  941. 
Dick  v.  Ross.  6  I.  T.  85,  89  S.  W.  664. 

DeGraffenreid  v.  Iowa  Land  &  Trust  Co.,  20  Okla.  687,  95  Pac.  624. 
Robinson  v.  Owen,  30  Okla.  484,  119  Pae.  995. 
Divine  v.  Harmon,  30  Okla.  820,   121  Pac.  219. 
Wallace  v.  Adams,  143  Fed.  716,  204  U.  S.  303. 
Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.  1041. 
Cherokee  Nation  v.  Hitchcock,  187  U.  S.  299,  47  L.  Ed.  183. 
Garfield  v.  Goldsby,  211  U.  S.  249,  52  L.  Ed.  168. 

VCT19 


290  Ind.  App.  Act,  1897. 

Lowe  v.  Fisher,  223  U.  S.  95,  56  L.  Ed.  304. 

Heckman  v.  United  States,  224  U.  S.  413,  56  L.  Ed.  820. 

Mullen  v.  United  States,  224  U.  S.  448,  50  L.  Ed.  834. 


EXTRACTS  FROM  INDIAN  APPROPRIATION  ACT 

Approved  June  7,   1897. 

(30  Stats.  L.  83.) 

Dawes  Commission — Mississippi  Choctaws — TJ.  S.  Court  Jurisdic- 
tion— Tribal  Rolls — Acts  of  Indian  Councils — Appeals  in 
Citizenship  Cases. 
That  the  commission  appointed  to  negotiate  with  the  Five 
Civilized  Tribes  in  the  Indian  Territory  shall  examine  and  re- 
port to  Congress  whether  the  Mississippi  Choctaws  under 
their  treaties  are  not  entitled  to  all  the  rights  of  Choctaw 
citizenship  except  an  interest  in  the  Choctaw  annuities ;  Pro- 
vided further,  That  on  and  after  January  first,  eighteen 
hundred  and  ninety-eight,  the  United  States  courts  in  said 
Territory  shall  have  original  and  exclusive  jurisdiction  and 
authority  to  try  and  determine  all  civil  causes  in  law  and  equity 
thereafter  instituted  and  all  criminal  causes  for  the  punish- 
ment of  any  offense  committed  after  January  first,  eighteen 
hundred  and  ninety-eight,  by  any  person  in  said  Territory,  and 
the  United  States  commissioners  in  said  Territory  shall  have 
and  exercise  the  powers  and  jurisdiction  already  conferred  up- 
on them  by  existing  laws  of  the  United  States  as  respects  all 
persons  and  property  in  said  Territory ;  and  the  laws  of  the 
United  States  and  the  State  of  Arkansas  in  force  in  the  Ter- 
ritory shall  apply  to  all  persons  therein,  irrespective  of  race, 
said,  courts  exercising  jurisdiction  thereof  as  now  conferred 
upon  them  in  the  trial  of  like  causes :  and  any  citizen  of  any 
one  of  said  tribes  otherwise  qualified  who  can  speak  and  under- 
stand the  English  language  may  serve  as  a  juror  in  any  of 
said  courts. 


Ind.  App.  Act,  1897.  291 

That  said  commission  shall  continue  to  exercise  all  authority 
heretofore  conferred  on  it  by  law  to  negotiate  with  the  Fiv2 
Civilized  Tribes,  and  any  agreement  made  by  it  with  any  one  of 
said  tribes,  when  ratified,  shall  operate  to  stipend  any  provisions 
of  this  Act  if  in  conflict  therewith  as  to  said  nation:  Provided, 
That  the  words  "rolls  of  citizenship,"  as  used  in  the  Act  of 
June  tenth,  eighteen  hundred  and  ninety-six,  making  appropria- 
tions for  current  and  contingent  expenses  of  the  Indian  Depart- 
ment and  fulfilling  treaty  stipulations  with  various  Indian 
Tribes  for  the  fiscal  year  ending  June  thirtieth,  eighteen  hun- 
dred and  ninety-seven,  shall  be  construed  to  mean  the  last 
authenticated  rolls  of  each  tribe  which  have  been  approved 
by  the  council  of  the  nation,  and  the  descendants  of  those  ap- 
pearing on  such  rolls,  and  such  additional  names  and  their 
descendants  as  have  been  subsequently  added,  either  by  the 
council  of  such  nation,  the  duly  authorized  courts  thereof,  or 
the  commission  under  the  Act  of  June  tenth,  eighteen  hundred 
and  ninety-six.  And  all  other  names  appearing  upon  such 
rolls  shall  be  open  to  investigation  by  such  commission  for  a 
period  of  six  months  after  the  passage  of  this  Act.  And  any 
name  appearing  on  such  rolls  and  not  confirmed  by  the  Act  of 
June  tenth,  eighteen  hundred  and  ninety-six,  as  herein  con- 
strued, may  be  stricken  therefrom  by  such  commission  where 
the  party  affected  shall  have  ten  days'  previous  notice  that  said 
commission  will  investigate  and  determine  the  right  of  such 
party  to  remain  upon  such  roll  as  a  citizen  of  such  nation : 
Provided,  also,  That  any  one  whose  name  shall  be  stricken 
from  the  roll  by  such  commission  shall  have  the  right  of  appeal, 
as  provided  in  the  Act  of  June  tenth,  eighteen  hundred  and 
ninety-six. 

That  on  and  after  January  first,  eighteen  hundred  and  ninety- 
eight,  all  acts,  ordinances,  and  resolutions  of  the  council  of 
either  of  the  aforesaid  Five  Tribes  passed  shall  be  certified 
immediately  upon  their  passage  to  the  President  of  the  United 
States  and  shall  not  take  effect,  if  disapproved  by  him,  or  until 
thirty  days  after  their  passage :    Provided,    That  this  Act  shall 


292  Ind.  App.  Act,  1897. 

not  apply  to  resolutions  for  adjournment,  or  any  acts,  or  resolu- 
tions, or  ordinances  in  relation  to  negotiations  with  commis- 
sioners heretofore  appointed  to  treat  with  said  tribes. 

That  there  shall  be  appointed  by  the  President  by  and  with 
the  advice  and  consent  of  the  Senate,  one  additional  judge 
for  said  Territory;  and  the  appellate  court  of  said  Territory 
shall  designate  the  places  in  the  several  judicial  districts 
therein  at  which  and  the  times  when  such  judge  shall  hold 
court,  and  courts  shall  be  held  at  the  places  now  provided  by 
law  and  at  the  town  of  Wagoner  and  at  such  other  places  as 
shall  be  designated  by  said  appellate  court;  and  said  judge 
shall  be  a  member  of  the  appellate  court,  and  shall  have  all 
authority,  exercise  all  powers,  perform  like  duties,  and  receive 
the  same  salary  as  other  judges  of  said  courts,  and  shall  serve 
for  a  term  of  four  years  from  the  date  of  appointment :  Pro- 
vided, That  no  one  of  said  judges  shall  sit  in  the  hearing  of 
any  case  in  said  appellate  court  which  was  decided  by  him. 


That  hereafter  in  the  public  land  surveys  of  the  Indian 
Territory  iron  or  stone  posts  shall  be  erected  at  each  township 
corner,  upon  which  shall  be  recorded  the  usual  marks  required 
to  be  placed  on  township  corners  by  the  laws  and  regulations 
governing  public  land  surveys. 

Myers  v.  Mathis,  2  L  T.  3,  46  S.  W.  17S. 

Maxey  v.  Wright,  3  I.  T.  251,  54  S.  W.  807. 

Hanks  v.  Hendricks,  3  I.  T.  423,  58  S.  W.  669. 

Crowell  v.  Young,  4  I.  T.  148,  64  S.  W.  607. 

Zevely  v.  Weimer,  5  I.  T.  687,  82  S.  W.  941. 

Dick  v.  Ross,  6  I.  T.  85,  89  S.  W.  664. 

In  re  PofT's  Guardianship,  7  I.  T.  59,  103  S.  W.  765. 

Hayes  v.  Barringer,  7  I.  T.  697,  104  S.  W.  937,  168  Fed.  221. 

DeGraffenreid  v.  Iowa  Land  &  Tru*t  Co.,  20  Okla.  687,  95  Pac.  624. 

In  re  Feland's  Estate,  26  Okla.  448,  110  Pac.  736. 

Divine  v.  Harmon,  30  Okla.  820,  121  Pac.  219. 

Kimberlin  v.  Commission,  104  Fed.  653. 

Wallace  v.  Adams.  143  Fed.  716. 

Armstrong  v.  Wood,  195  Fed.  137. 


Ind.  App.  Act,  1898.  293 

Redbird  v.  U.  S.,  203  U.  S.  80,  51  L.  Ed.  96. 
Heckman  v.  U.  S.,  224  U.  S.  413,  56  L.  Ed.  829. 
Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.  1041. 
Mullen  v.  U.  S.,  224  U.  S.  448,  56  L.  Ed.  834. 


EXTRACTS  FROM  INDIAN  APPROPRIATION  ACT 

Approved  July  1,  1898. 

(30  Stat.  L.  591.) 

MISCELLANEOUS. 

Dawes  Commission — Appeals. 

For  salaries  of  four  Commissioners  appointed  under  Acts 
of  Congress  approved  March  third,  eighteen  hundred  and  nine- 
ty-three, and  March  second,  eighteen  hundred  and  ninety-five, 
to  negotiate  with  the  Five  Civilized  Tribes  in  the  Indian  Ter- 
ritory, twenty  thousand  dollars  :  Provided,  That  the  number  of 
said  Commissioners  is  hereby  fixed  at  four. 

That  said  Commission  shall  continue  to  exercise  all  authority 
heretofore  conferred  on  it  by  law. 

Appeals  shall  be  allowed  from  the  United  States  courts  in 
the  Indian  Territoiy  direct  to  the  Supreme  Court  of  the 
United  States  to  either  party,  in  all  citizenship  cases,  and  in 
all  cases  between  either  of  the  Five  Civilized  Tribes  and  the 
United  States  involving  the  constitutionality  or  validity  of  any 
legislation  affecting  citizenship,  or  the  allotment  of  lands,  in  the 
Indian  Territory,  under  the  rules  and  regulations  governing  ap- 
peals to  said  court  in  other  cases :  Provided,  That  appeals  in 
cases  decided  prior  to  this  Act  must  be  perfected  in  one  hun- 
dred and  twenty  days  from  its  passage ;  and  in  cases  decided 
subsequent  thereto,  within  sixty  days  from  final  judgment;  but 
in  no  such  case  shall  the  work  of  the  Commission  to  the  Five 
Civilized  Tribes  be  enjoined  or  suspended  by  any  proceeding 
in,  or  order  of,  any  court,  or  of  any  judge,  until  after  final 


294  Ind.  App.  Acts,  1899,  1900. 

judgment  in  the  Supreme  Court  of  the  United  States.  In  case 
of  appeals,  as  aforesaid,  it  shall  he  the  duty  of  the  Supreme 
Court  to  advance  such  cases  on  the  docket  and  dispose  of  the 
same  as  early  as  possible. 

Stephens  v.  Cherokee  Nation,  174  U.  S.  444,  43  L.  Ed.  1041. 


INDIAN  APPROPRIATION  ACT 

Approved  March   1,  1899. 

(30  Stat.  L.  939) 

(This  Act  contains  no  legislation  affecting-  the  Five  Civilized  Tribes,  or 
the  Osage  Tribe.) 


EXTRACTS  FROM  INDIAN  APPROPRIATION  ACT 

Approved  May  31,  1900. 

(31  Stat.  L.  221.) 

Dawes  Commission — Mississippi  Choctaws — Towns  and  Villages — 
Townsite  Commissions. 
That  said  (Dawes)  Commission  shall  continue  to  exercise  all 
authority  heretofore  conferred  on  it  by  law.  But  it  shall  not 
receive,  consider,  or  make  any  record  of  any  application  of 
any  person  for  enrollment  as  a  member  of  any  tribe  in  Indian 
Territory  who  has  not  been  a  recognized  citizen  thereof,  and 
duly  and  lawfully  enrolled  or  admitted  as  such,  and  its  re- 
fusal of  such  applications  shall  be  final  when  approved  by  the 
Secretary  of  the  Interior:  Provided,  That  any  Mississippi 
Choctaw  duly  identified  as  such  by  the  United  States  Com- 
mission to  the  Five  Civilized  Tribes  shall  have  the  right,  at 
any  time  prior  to  the  approval  of  the  final  rolls  of  the  Choctaws 
and   Chickasaws  by   the   Secretary   of   the   Interior,   to   make 


Ind.  App.  Act,  1906.  295 

settlement  within  the  Choctaw-Chickasaw  country,  and  on 
proof  of  the  fact  of  bona  fide  settlement  may  be  enrolled  by 
the  said  United  States  Commission  and  by  the  Secretary  of  the 
Interior  as  Choctaws  entitled  to  allotment:  Provided  further, 
That  all  contracts  or  agreements  looking  to  the  sale  or  in- 
cumbrance in  any  way  of  the  lands  to  be  allotted  to  said  Miss- 
issippi Choctaws,  shall  be  null  and  void. 

Ikard  v.  Minter,  4  I.  T.  214,  09  S.  W.  852. 
Redbird  v.  U.  S.  203,  U.  S.  80,  51  L.  Ed.  90. 

To  pay  all  expenses  incident  to  the  survey,  platting  and 
appraisement  of  town  sites  in  the  Choctaw,  Chickasaw,  Creek, 
and  Cherokee  nations,  Indian  Territory,  as  required  by  sec- 
tions fifteen  and  twenty-nine  of  an  Act  entitled  "An  Act  for 
the  protection  of  the  people  of  the  Indian  Territory,  and  for 
other  purposes/'  approved  June  twenty-eight,  eighteen  hun- 
dred and  ninety-eight,  for  the  balance  of  the  current  year  and 
for  the  year  ending  June  thirtieth,  nineteen  hundred  and  one, 
the  same  to  be  immediately  available,  sixty-seven  thousand 
dollars,  or  so  much  as  may  be  necessary :  Provided,  That  the 
Secretary  of  the  Interior  is  hereby  authorized,  under  rules  and 
regulations  to  be  prescribed  by  him,  to  survey,  lay  out,  and 
plat  into  town  lots,  streets,  alleys,  and  parks,  the  sites  of  such 
towns  and  villages  in  the  Choctaw,  Chickasaw,  Creek,  and 
Cherokee  nations,  as  may  at  that  time  have  a  population  of 
two  hundred  or  more,  in  such  manner  as  will  best  subserve  the 
then  present  needs  and  the  reasonable  prospective  growth  of 
such  towns.  The  work  of  surveying,  laying  out,  and  plat- 
ting such  town  sites  shall  be  done  by  competent  surveyors,  who 
shall  prepare  five  copies  of  the  plat  of  each  town  site  which 
when  the  survey  is  approved  by  the  Secretary  of  the  Interior, 
shall  be  filed  as  follows :  One  in  the  office  of  the  Commissioner 
of  Indian  Affairs,  one  with  the  principal  chief  of  the  nation, 
one  with  the  clerk  of  the  court  within  the  territorial  jurisdiction 
of  which  the  town  is  located,  one  with  the  Commission  to  the 
Five  Civilized  Tribes,  and  one  with  the  town  authorities,   if 


296  •         Ind.  App.  Act,  1900. 

there  be  such.  Where  in  his  judgment  the  best  interests  of 
the  public  service  require,  the  Secretary  of  the  Interior  may 
secure  the  surveying,  laying  out,  and  platting  of  town  sites  in 
any  of  said  nation  by  contract. 

Hereafter  the  work  of  the  respective  town-site  commissions 
provided  for  in  the  agreement  with  the  Choctaw  and  Chickasaw 
tribes  ratified  in  section  twenty-nine  of  the  Act  of  June  twenty- 
eight,  eighteen  hundred  and  ninety-eight,  entitled  "An  Act 
for  the  protection  of  the  people  of  the  Indian  Territory,  and 
for  the  other  purposes,"  shall  begin  as  to  any  town  site  im- 
mediately upon  the  approval  of  the  survey  by  the  Secretarv 
of  the  Interior  and  not  before. 

The  Secretary  of  the  Interior  may  in  his  discretion  appoint 
a  town-site  commission  consisting  of  three  members  for  each 
of  the  Creek  and  Cherokee  nations,  at  least  one  of  whom  shall 
be  a  citizen  of  the  tribe  and  shall  be  appointed  upon  the  nomina- 
tion of  the  principal  chief  of  the  tribe.  Each  Commission,  un- 
der the  supervision  of  the  Secretary  of  the  Interior,  shall  ap- 
praise and  sell  for  the  benefit  of  the  tribe  the  town  lots  in  the 
nation  for  which  it  is  appointed,  acting  in  conformity  with  the 
provisions  of  any  then  existing  Act  of  Congress  or  agreement 
with  the  tribe  approved  by  Congress.  The  agreement  of  any 
two  members  of  the  commission  as  to  the  true  value  of  any 
lot  shall  constitute  a  determination  thereof,  subject  to  the  ap- 
proval of  the  Secretary  of  the  Interior,  and  if  no  two  members 
are  able  to  agree  the  matter  shall  be  determined  by  such  Secre- 
tary. 

Where  in  his  judgment  the  public  interests  will  be  thereby 
subserved,  the  Secretary  of  the  Interior  may  appoint  in  the 
Choctaw,  Chickasaw,  Creek  or  Cherokee  Nations  a  separate 
town-site  commission  for  any  town,  in  which  event  as  to  that 
town  such  local,  commission  may  exercise  the  same  authority 
and  perform  the  same  duties  which  would  otherwise  devolve 
upon  the  commission  for  that  Nation.  Every  such  local  com- 
mission shall  be  appointed  in  the  manner  provided  in  the  Art 
approved    June    twenty-eight,    eighteen    hundred    and    ninety- 


Ind.  App.  Act,  1900.  29^ 

eight,  entitled  "An  Act  for  the  protection  of  the  people  of  the 
Indian  Territory." 

The  Secretary  of  the  Interior,  where  in  his  judgment  the 
public  interests  will  be  thereby  subserved,  may  permit  the  au- 
thorities of  any  town  in  any  of  said  nations,  at  the  expense  of 
the  town,  to  survey,  lay  out,  and  plat  the  site  thereof,  subject 
to  his  supervision  and  approval,  as  in  other  instances. 

As  soon  as  the  plat  of  any  town  site  is  approved,  the  proper 
commission  shall,  with  all  reasonable  dispatch  and  within  a 
limited  time,  to  be  prescribed  by  the  Secretary  of  the  Interior, 
proceed  to  make  the  appraisement  of  the  lots  and  improvements, 
if  any,  thereon,  and  after  the  approval  thereof  by  the  Secretary 
of  the  Interior,  shall,  under  the  supervision  of  such  Secretary, 
proceed  to  the  disposition  and  sale  of  the  lots  in  conformity  with 
any  then  existing  Act  of  Congress  or  agreement  with  the  tribe 
approved  by  Congress,  and  if  the  proper  commission  shall  not 
complete  such  appraisement  and  sale  within  the  time  limited  by 
the  Secretary  of  the  Interior,  they  shall  receive  no  pay  for  such 
additional  time  as  may  be  taken  by  them,  unless  the  Secretary 
of  the  Interior  for  good  cause  shown  shall  expressly  direct 
otherwise. 

The  Secretary  of  the  Interior  may,  for  good  cause,  remove 
any  member  of  any  townsite  commission,  tribal  or  local,  in  any 
of  said  nations,  and  may  fill  the  vacancy  thereby  made  or  any 
vacancy  otherwise  occurring  in  like  manner  as  the  place  was 
originally  filled. 

It  shall  not  be  required  that  the  townsite  limits  established  in 
the  course  of  the  platting  and  disposing  of  town  lots  and  the 
corporate  limits  of  the  town,  if  incorporated,  shall  be  identical 
or  coextensive,  but  such  townsite  limits  and  corporate  limits 
shall  be  so  established  as  to  best  subserve  the  then  present 
needs  and  the  reasonable  prospective  growth  of  the  town,  as  the 
same  shall  appear  at  the  times  when  such  limits  are  respectively 
established :  Provided  further.  That  the  exterior  limits  of  all 
townsites  shall  be  designated  and  fixed  at  the  earliest  practic- 


298  Ind.  App.  Act,  190O. 

able  time  under  rules  and  regulations  prescribed  by  the  Secre- 
tary of  the  Interior. 

Upon  the  recommendation  of  the  Commission  to  the  Five 
Civilized  Tribes  the  Secretary  of  the  Interior  is  hereby  au- 
thorized at  any  time  before  allotment  to  set  aside  and  reserve 
from  allotment  any  lands  in  the  Choctaw,  Chickasaw,  Creek, 
or  Cherokee  nations,  not  exceeding  one  hundred  and  sixty 
acres  in  any  one  tract,  at  such  stations  as  are  or  shall  be  estab- 
lished in  conformity  with  law  on  the  line  of  any  railroad 
which  shall  be  constructed  or  be  process  of  construction  in  or 
through  either  of  said  nations  prior  to  the  allotment  of  the 
lands  therein,  and  this  irrespective  of  the  population  of  such 
townsite  at  the  time.  Such  townsites  shall  be  surveyed,  laid  out, 
and  platted,  and  the  lands  therein  disposed  of  for  the  benefit 
of  the  tribe  in  the  manner  herein  prescribed  for  other  town- 
sites  :  Provided  further.  That  whenever  any  tract  of  land  shall 
be  set  aside  as  herein  provided  which  is  occupied  by  a  member 
of  the  tribe,  such  occupant  shall  be  fully  compensated  for  his 
improvements  thereon  under  such  rules  and  regulations  as  may 
be  prescribed  by  the  Secretary  of  the  Interior. 

Nothing  herein  contained  shall  have  the  effect  of  avoiding 
any  work  heretofore  done  in  pursuance  of  the  said  Act  of  June 
twenty-eighth,  eighteen  hundred  and  ninety-eight,  in  the  way 
of  surveying,  laying  out.  or  platting  of  townsites,  appraising  or 
disposing  of  town  lots  in  any  of  said  nations,  but  the  same,  if 
not  heretofore  carried  to  a  state  of  completion,  may  be  com- 
pleted according  to  the  provisions  hereof. 

U.  S.  v.  Lewis.  5  I.  T.  0,  76  S.  W.  299. 
Sorrels  v.  Jones,  26  Okla.  569,  110  Pac.  743. 
Stanelift  v.  Fox,  90  S.  W.  614,  152  Fed.  697. 
U.  S.  v.  Dowden,  194  Fed.  475. 
Ballinger  v.  Frost.  216  XT.  S.  240,  54  L.  Ed.  464. 
Lowe  v.  Fi,sher,  223  U.  S.  95,  56  L.  Ed.  364. 
Bledsoe  v.  Wortman,  129  Pac.  841. 


Ind.  App.  Act,  1901.  299 


EXTRACTS  FROM  INDIAN  APPROPRIATION  ACT 

Approved  March  3,   1901. 

(31  Stat.  L.  1077.) 

Dawes  Commission — Rolls  of  Citizens — Acts  of  Cherokee  Council. 
The  rolls  made  by  the  Commission  to  the  Five  Civilized 
Tribes,  when  approved  by  the  Secretary  of  the  Interior,  shall 
be  final,  and  the  persons  whose  names  are  found  thereon  shall 
alone  constitute  the  several  tribes  which  they  represent;  and 
the  Secretary  of  the  Interior  is  authorized  and  directed  to  fix 
a  time  by  agreement  with  said  tribes  or  either  of  them  for  clos- 
ing said  rolls,  but  upon  failure  or  refusal  of  said  tribes  or  any 
of  them  to  agree  thereto,  then  the  Secretary  of  the  Interior 
shall  fix  a  time  for  closing  said  rolls,  after  which  no  name  shall 
be  added  thereto. 

Garfield  v.  Goldsby,  211  U.  S.  249,  52  L.  Ed.  168. 
Lone  Wolf  v.  Hitchcock,  187  U.  S.  561,  47  L.  Ed.  299. 
Lowe  v.  Fisher.  223  U.  S.  95,  56  L.  Ed.  364. 

That  no  act,  ordinance,  or  resolution  of  the  Creek  or  Cher- 
okee tribes,  except  resolutions  for  adjournment,  shall  be  of  any 
validity  until  approved  by  the  President  of  the  United  States. 
When  such  acts,  ordinances,  or  resolutions  passed  by  the 
council  of  either  of  said  tribes  shall  be  approved  by  the  princi- 
pal chief  thereof,  then  it  shall  be  the  duty  of  the  national  secre- 
tary of  said  tribe  to  forward  them  to  the  President  of  the 
United  States,  duly  certified  and  sealed,  who  shall,  within  thirty 
days  after  their  reception,  approve  or  disapprove  the  same. 
Said  acts,  ordinances,  or  resolutions,  when  so  approved,  shall 
be  published  in  at  least  two  newspapers  having  a  bona  fide  cir- 
culation in  the  tribe  to  be  affected  thereby,  and  when  disap- 
proved shall  be  returned  to  the  tribe  enacting  the  same. 

Muskogee  Nat'l  Telephone  Co.  v.  Hall,  4  I.  T.  18,  64  S.  W.  600,  IIP 

Fed.  382. 
South  McAlester-Eufaula  Telephone  Co.  v.  State,  25  Okla.  524,  106 

Pac.  962. 


300  Ind.  A  pp.  Act,  1902. 


EXTRACTS   FROM 
INDIAN  APPROPRIATION  ACT 

Approved  May  27,  1902. 

(32  Stat.  L.  245.) 

Dawes  Commisson — Enrollment  of  Creek  Children — Arkansas 
Laws  of  Descent  Applicable  in  Creek  Nation — Removal  of 
Intruders. 
For  salaries  of  four  commissioners  appointed  under  Acts  of 
Congress,  approved  March  third,  eighteen  hundred  and  ninety- 
three,  and  March  second,  eighteen  hundred  and  ninety-five, 
to  negotiate  with  the  Five  Civilized  Tribes  in  the  Indian  Ter- 
ritory, twenty  thousand  dollars :  Provided,  That  said  commis- 
sion shall  exercise  all  the  powers  heretofore  conferred  upon  it 
by  Congress :  Provided  further,  That  all  children  born  to  duly 
enrolled  and  recognized  citizens  of  the  Creek  Nation  up  to  and 
including  the  twenty-fifth  day  of  May,  nineteen  hundred  and 
one,  and  then  living,  shall  be  added  to  the  rolls  of  citizenship 
of  said  nation  made  under  the  provisions  of  an  Act  entitled 
"An  Act  to  ratify  and  confirm  an  agreement  with  the  Muscogee 
or  Creek  tribe  of  Indians  and  for  other  purposes,"  approved 
March  first,  nineteen  hundred  and  one,  and  if  any  such  child 
has  died  since  the  twenty-fifth  day  of  May,  nineteen  hundred 
and  one,  or  may  hereafter  die,  before  receiving  his  allotment 
of  land  and  distributive  share  of  the  funds  of  the  tribe,  the 
lands  and  moneys  to  which  he  would  he  would  be  entitled  if 
living  shall  descend  to  his  heirs  and  be  allotted  and  distributed 
to  them  accordingly;  And  provided  further,  That  the  Act 
entitled  "An  Act  to  ratify  and  confirm  an  agreement  with  the 
Muscogee  or  Creek  Tribe  of  Indians,  and  for  other  purposes," 
approved  March  first,  nineteen  hundred  and  one,  in  so  far  as  it 
provides  for  descent  and  distribution  according  to  the  laws  of 
the  Creek  Nation,  is  hereby  repealed  and  the  descent  and  dis- 
tribution of  lands  and  moneys  provided  for  in  said  Act  shall 
be  in  accordance  with  the  provisions  of  chapter  forty-nine  of 


Ind.  Arp.  Act,  1902.  301 

Mansfield's  Digest  of  the  Statutes  of  Arkansas  in  force  in 
Indian  Territory.  *  *  *  *  That  hereafter  the  Secre- 
tary of  the  Interior  may,  whenever  the  chief  executive  of 
the  Choctaw  or  Chickasaw  nations  fails  or  refuses  to  appoint 
a  town-site  commissioner  for  any  town,  or  to  fill  any  vacancy 
caused  by  the  neglect  or  refusal  of  the  town-site  commissioner, 
appointed  by  the  chief  executive  of  the  Choctaw  or  Chickasaw 
nations  to  qualify  or  act,  in  his  discretion,  appoint  a  commis- 
sioner to  fill  the  vacancy  thus  created :  Provided  further,  That 
the  limits  of  such  towns  in  the  Cherokee,  Choctaw,  and  Chick- 
asaw nations  having  a  population  of  less  than  two  hundred  peo- 
ple, as  in  the  judgment  of  the  Secretary  of  the  Interior  should 
be  established,  shall  be  defined  as  early  as  practicable  by  the 
Secretary  of  the  Interior  in  the  same  manner  as  provided  for 
towns  having  over  two  hundred  people  under  existing  law, 
and  the  same  shall  not  be  subject  to  allotment.  That  the  land 
so  segregated  and  reserved  from  allotment  shall  be  disposed 
of,  in  such  manner  as  the  Secretary  of  the  Interior  may  direct, 
by  a  town-site  commission,  one  member  to  be  appointed  by  the 
Secretary  of  the  Interior  and  one  by  the  executive  of  the  na- 
tion in  which  such  land  is  located  ;  proceeds  arising  from  the 
disposition  of  such  lands  to  be  applied  in  like  manner  as  the 
proceeds  of  other  lands  in  town  sites. 

For  the  purpose  of  removing  intruders  and  placing  allottees 
in  unrestricted  possession  of  their  allotments,  to  be  expended 
under  the  direction  of  the  Secretary  of  the  Interior  and  to  be 
immediately  available,  fifteen  thousand  dollars ;  in .  all,  one 
hundred  and  sixty  thousand  dollars :  Provided,  however,  That 
it  shall  hereafter  be  unlawful  to  remove  or  deport  any  person 
from  the  Indian  Territory  who  is  in  lawful  possession  of  any 
lots  or  parcels  of  land  in  any  town  or  city  in  the  Indian  Terri- 
tory which  has  been  designated  as  a  town  site  under  existing 
laws  and  treaties,  and  no  part  of  this  appropriation  shall  be  used 
for  the  deportation  or  removal  of  any  such  person  from  Indian 
Territory:  Provided,  That  the  just  and  reasonable  share  of 
each  member  of  the  Chickasaw,  Choctaw,  Creek,  and  Cherokee 


302  Ind.  App.  Act,  1902. 

nations  of  Indians,  in  the  lands  belonging  to  the  said  tribes, 
which  each  member  is  entitled  to  hold  in  his  possession  until 
allotments  are  made,  as  provided  in  the  Act  entitled  "An  Act 
for  the  protection  of  the  people  of  the  Indian  Territory,  and  for 
other  purposes,"  approved  June  twenty-eight,  eighteen  hundred 
and  ninety-eight,  be,  and  the  same  is  hereby,  declared  to  be  three 
hundred  and  twenty-acres  for  each  member  of  the  Chickasaw 
Nation,  three  hundred  and  twenty  acres  for  each  member  of 
the  Choctaw  Nation,  one  hundred  and  sixty  acres  for  each 
member  of  the  Creek  Nation,  and  one  hundred  acres  for  each 
member  of  the  Cherokee  Nation. 

Buster  v.  Wright,  4  I.  T.  300,  09  S.  W.  882,  5  T.  T.  404,  82  S.  W. 

855,  135  Fed.  947. 
Ex  parte  Carter,  4  I.  T.  539,  7G  S.  W.  102. 
Zevely  v.  Weimer,  5  I.  T.  096,  82  S.  W.  941. 

DeGraffenreid  v.  Iowa  Land  &  Trust  Co.,  20  Okla.  687,  95  Pae.  624. 
Keys  v.  First  Nat'l  "Bank,  22  Okla.   174,  104  Pac.  346. 
Brady  v.  Sizemore,  124  Pac.  615,  33  Okla.  169. 
Shulthis  v.  MeDougal,   162  Fed.   331,   170  Fed.  529,  225  U.  S.   561, 

56  L.  Ed.   1205. 
Morris  v.  Hitchcock,  194  U.  S.  393,  48  L.  Ed.  1030. 

Sec.  8.  That  the  part  of  the  northern  district  of  the  Indian 
Territory  consisting  of  the  Creek  country,  the  Seminole  coun- 
try, and  all  that  portion  of  the  Cherokee  and  Choctaw  Nations 
included  in  the  following-described  boundaries,  to  wit:  Com- 
mencing at  the  northeast  corner  of  the  Creek  Nation  and  run- 
ning east  on  the  line  between  townships  nineteen  and  twenty, 
to  its  intersection  with  the  dividing  line  between  ranges  twen- 
ty and  twenty-one,  east,  thence  south  on  said  line  to  its  inter- 
section with  the  Arkansas  River,  thence  down  the  Arkansas 
River  to  its  intersection  with  the  Canadian  River,  thence  up 
the  Canadian  River  to  its  intersection  with  the  dividing  line 
between  ranges  twenty  and  twenty-one  east,  thence  south  to  the 
intersecting  line  between  townships  seven  and  eight,  thence 
west  on  the  intersecting  line  between  townships  seven  and 
eight  to  the  Creek  Nation,  be,  and  the  same  is  hereby,  made 


Joint  Resolution,  May  27,  1902.  303 

the  western  district  in  said  Territory,  and  the  places  of  holding 
courts  in  said  western  district  shall  be  Muscogee,  Wagoner, 
Sapulpa,  Wewoka,  Eufaula  and  Okmulgee.  The  judge  ap- 
pointed under  the  Act  entitled  "An  Act  making  appropriations 
for  the  current  and  contingent  expenses  of  the  Indian  De- 
partment, and  for  fulfilling  treaty  stipulations  with  various  In- 
dian tribes  for  the  fiscal  year  ending  June  thirtieth,  eighteen 
hundred  and  ninety-eight,  and  for  other  purposes,"  approved 
June  seventh,  eighteen  hundred  and  ninety-seven,  shall  be 
the  judge  of  said  western  district,  and  he  is  hereby  authorized 
to  appoint  a  clerk  who  shall  reside  and  keep  his  office  at  one 
of  the  places  of  holding  court  in  said  western  district. 


JOINT  RESOLUTION 

Approved  May  27,  1902. 

(32  Stat.  L.  742.) 

JOINT  RESOLUTION  FIXING  THE  TIME  WHEN  CERTAIN 

PROVISIONS   OF   THE   INDIAN   APPROPRIATION  ACT   FOR   THE 

YEAR   ENDING   JUNE   THIRTIETH,   NINETEEN  HUNDRED 

AND  THREE,  SHALL  TAKE  EFFECT. 

RESOLVED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  Act 
entitled  "An  Act  making  appropriations  for  the  current  and 
contingent  expenses  of  the  Indian  Department  and  fulfilling 
treaty  stipulations  with  the  various  Indian  tribes  for  the  fiscal 
year  ending  June  thirtieth,  nineteen  hundred  and  three,  and  for 
other  purposes,"  shall  take  effect  from  and  after  July  first, 
nineteen  hundred  and  two,  except  as  otherwise  specifically  pro- 
vided therein. 

DeGrafienreid  v.  Iowa  Land  &  Trust  Co.,  20  Okla.  687,  95  Pac.  624. 
Brady  v.  Sizemore,  124  Pac.  615.  33  Okla.  169. 


304  Ind.  App.  Act,  1903. 


EXTRACTS   FROM 
INDIAN  APPROPRIATION   ACT. 

Approved   March    3,    1903. 

(32  Stat.  L.  982.) 

Citizenship  Court  —  Restrictions  Removed  for  Townsites  — 
Seminole  Tribal  Government. 

The  Supreme  Court  of  the  United  States  may  transfer 
to  the  Choctaw  and  Chickasaw  citizenship  court  the  papers  in 
the  cases  of  Choctaw  and  Chickasaw  citizenship  appealed  from 
the  United  States  courts  in  the  Indian  Territory  to  the  Supreme 
Court  during  the  year  eighteen  hundred  and  ninety-eight. 

That  all  causes  transferred  under  section  thirty-one  of 
the  Act  of  Congress  of  July  first,  nineteen  hundred  and  two, 
entitled  "An  Act  to  ratify  and  confirm  an  agreement  with  the 
Choctaw  and  Chickasaw  tribes  of  Indians,  and  for  other  pur- 
poses," to  the  citizenship  court  for  the  Choctaw  and  Chickasaw 
nations  provided  in  said  Act  shall  be  tried  and  determined  under 
the  provisions  of  section  thirty-two  of  said  Act  and  disposed  of 
the  same  as  if  appealed  to  such  court  under  the  provisions  of 
section  thirty-two  of  the  said  Act : 

And  Provided  further,  That  nothing  herein  contained  shall 
prevent  the  survey  and  platting,  at  their  own  expense,  of  town 
sites  by  private  parties  where  stations  are  located  along  the 
lines  of  railroads,  nor  the  unrestricted  alienation  of  lands  for 
such  purposes,  when  recommended  by  the  Commission  to  the 
Five  Civilized  Tribes  and  approved  by  the  Secretary  of  the 
Interior.  That  hereafter  the  Secretarv  of  the  Interior  may, 
whenever  the  chief  executive  of  the  Choctaw  or  Chickasaw 
nations  fails  or  refuses  to  appoint  a  town-site  commissioner 
for  any  town,  or  to  fill  any  vacancy  caused  by  the  neglect  or  re- 
fusal of  the  town-site  commissioner  appointed  by  the  chief  ex- 
ecutive of  the  Choctaw  or  Chickasaw  nations  to  qualify  or  act, 
in  his  discretion,  appoint  a  commissioner  to  fill  the  vacancy 
thus  created 


Ind.  App.  Act,  1903.  305 

Section  8.  That  the  tribal  government  of  the  Seminole  Na- 
tion shall  not  continue  longer  than  March  fourth,  nineteen 
hundred  and  six :  Provided,  That  the  Secretary  of  the  Interior 
shall  at  the  proper  time  furnish  the  principal  chief  with  blank 
deeds  necessary  for  all  conveyances  mentioned  in  the  agree- 
ment with  the  Seminole  Nation  contained  in  the  Act  of  July 
first,  eighteen  hundred  and  ninety-eight  (Thirtieth  Statutes, 
page  five  hundred  and  sixty-seven),  and  said  principal  chief 
shall  execute  and  deliver  said  deeds  to  the  Indian  allottees  ar 
required  by  said  Act,  and  the  deeds  for  allotment,  when  duly 
executed  and  approved,  shall  be  recorded  in  the  office  of  the 
Dawes  Commission  prior  to  delivery  and  without  expense  to 
the  allottee  until  further  legislation  by  Congress,  and  such 
records  shall  have  like  effect  as  other  public  records :  Provided 
further,  That  the  homestead  referred  to  in  said  Act  shall  be 
inalienable  during  the  lifetime  of  the  allottee,  not  exceeding 
twenty-one  years  from  the  date  of  the  deed  for  the  allotment. 
A  separate  deed  shall  be  issued  for  said  homestead,  and  during 
the  time  the  same  is  held  by  the  allottee  it  shall  not  be  liable 
for  any  debt  contracted  by  the  owner  thereof 

Moore  v.  O'Dell,  27  Okla.  194,  111  Pac  308. 

Stout  v.   Simpson,   124  Pac.   754. 

Rentie  v.  McCoy,  128  Pac.  244. 

The  30,000  Land  Suits,  109  Fed.  811. 

Eallinger  v.  Frost,  216  U.  S.  240,  54  L.  Ed.  464. 

Goat  v.  U.   S.,  224  U.   S.  458,   56  L.   Ed.   S41. 

Eastern  Cherokees  v.  U.  S.,  225  U.  S.  571,  56  L.  Ed.  1212. 


VCT20 


306  Ind.  App.  Act,  1904. 


EXTRACTS   FROM 
INDIAN  APPROPRIATION   ACT. 

Approved   April   21,    1904. 

(33  Stat.  L.  189.) 

Dawes  Commission — Removal  of  Restrictions — Cherokee  Allot- 
ments —  Delaware-Cherokee  Indians  —  Coal  and  Asphalt 
Lands. 
For  salaries  of  four  commissioners  appointed  under  Acts 
of  Congress  approved  March  third,  eighteen  hundred  and 
ninety-three,  and  March  second,  eighteen  hundred  and  ninety- 
five,  to  negotiate  with  the  Five  Civilized  Tribes  in  the  Indian 
Territory,  twenty  thousand  dollars,  and  said  Commission  shall 
conclude  its  work  and  terminate  on  or  before  the  first  day  of 
July,  nineteen  hundred  and  five,  and  said  Commission  shall 
cease  exist  on  July  first,  nineteen  hundred  and  five :  Pro- 
vided, That  said  Commission  shall  exercise  all  the  powers 
heretofore  conferred  upon  it  by  Congress :  And  Provided 
further,  That  the  Secretary  of  the  Interior  is  hereby  granted 
authority  to  sell  at  public  sale  in  tracts  not  exceeding  one 
hundred  and  sixty  acres  to  any  one  purchaser,  under  rules 
and  regulations  to  be  made  by  the  Secretary  of  the  Interior,  the 
residue  of  land  in  the  Creek  Nation  belonging  to  the  Creek 
Tribe  of  Indians,  consisting  of  about  five  hundred  thousand 
acres,  and  being  the  residue  of  lands  left  over  after  allotments 
of  one  hundred  and  sixty  acres  to  each  of  said  tribe. 

And  all  the  restrictions  upon  the  alienation  of  lands  of  all 
allottees  of  either  of  the  Five  Civilized  Tribes  of  Indians  who 
are  not  of  Indian  blood,  except  minors,  are,  except  as  to 
homesteads,  hereby  removed,  and  all  restrictions  upon  the  alien- 
ation of  all  other  allottees  of  said  tribes,  except  minors,  and  ex- 
cept as  to  homesteads,  may,  with  the  approval  of  the  Secretary 
of  the  Interior,  be  removed  under  such  rules  and  regulations 
as  the  Secretary  of  the  Interior  may  prescribe,  upon  application 
to  the  United  States  Indian  agent  at    the    Union    Agency    in 


Ind.  App.  Act,  1904.  307 

charge  af  the  Five  Civilized  Tribes,  if  said  agent  is  satisfied 
upon  a  full  investigation  of  each  indivdual  case  that  such  re- 
moval of  restrictions  is  for  the  best  interest  of  said  allottee. 
The  finding  of  the  United  States  Indian  agent  and  the  ap- 
proval of  the  Secretary  of  the  Interior  shall  be  in  writing  and 
shall  be  recorded  in  the  same  manner  as  patents  for  lands  are 
recorded. 

Alfrey  v.  Colbert,  7  T.  T.  338,  104  S.  W.  638,  168  Fed.  231. 

Harris  v.  Hardridge,  7  I.  T.  532,  104  S.  W.  826,  166  Fed.  109. 

Saycr  v.  Brown,  7  I.  T.  675,  104  S.  W.  877. 

Lewis  v.  Clements,  21   Okla.   167,   95  Pac.  769. 

Godfrey  v.  Iowa  Land  &  Trust  Co.,  21   Okla.  293,   95  Pae.  792. 

Landrum  v.  Graham,  22  Okla.  458,  98  Pac.  432. 

International  Land  Co.  v.  Marshall,  22  Okla.  693,  98  Pac.  951. 

Eldred  v.  Okmulgee  Loan  &  Trust  Co.,  22  Okla.  742,  98  Pac.  929. 

McWilliams   Investment   Co.   v.   Livingston,   22   Okla.   884,   98   Pac. 

914. 
Sharp  v.  Lancaster,  23  Okla.  349,  100  Pac.  578. 
Blakemore  v.   Johnson,   24  Okla.   544,   103   Pac.   554. 
Superior  Oil  &  Gas  Co.  v.  Mehlin,  25  Okla.  809,   108  Pac.  545. 
Jeffereson  v.  Winkler,  26  Okla.  653,   110  Pac.  755. 
Simmons  v.  Whittington,  27  Okla.  356,   112  Pac.   1018. 
Harris  v.  Lynde-Bowman-Darby  Co.,  29  Okla.  362,  116  Pac.  808. 
Skelton  v.  Dill,  30  Okla.  278,  119  Pac.  267. 
Groom  v.   Wright,   30   Okla.   652,   12  Pac.   215. 
In  re  Davis'  Estate,  32  Okla.  209,  122  Pac.  547. 
Williams  v.   Johnson,   32   Okla.   247,   122   Pac.   485. 
Rogers  v.  Noel,  124  Pac.  976. 
Campbell  v.  McSpadden,  127  Pac.  854. 
Parkinson  v.  Skelton,  128  Pac.  131,  33  Okla.  813. 
Rentie  v.  McCoy,  128  Pac.  244. 
Moore  v.   Sawyer.   167  Fed.  826. 
United  States  v.  Shock,  187  Fed.  862. 
Frame  v.  Bivens,  189  Fed.  785. 
United   States  v.  Dowden,    194  Fed.  475. 
Hawkins  v.  Okla.  Oil  Co.,  195  Fed.  345. 
The  30,000  Land  Suits,  199  Fed.  811. 
Goat  v.  United  States,  224  U.   S.  458,  56  L.  Ed.  841. 
Deming  Investment  Co.  v.  United  States,  224  U.  S.  471,  56  L.  Ed. 

847. 
Biedsoe  v.  Wortman,  129  Pac,  841. 


308  Ind.  App.  Act,  1904. 

That  the  Delaware-Cherokee  citizens  who  have  made  im- 
provements, or  are  in  rightful  possession  of  such  improve- 
ments, in  the  Cherokee  Nation  at  the  time  of  the  passage  of  this 
Act  shall  have  the  right  to  first  select  from  said  improved  lands 
their  allotments,  and  thereafter,  for  a  period  of  six  months, 
shall  have  the  right  to  sell  the  improvements  upon  their  sur- 
plus holdings  of  lands  to  other  citizens  of  the  Cherokee  Na- 
tion entitled  to  select  allotments  at  a  valuation  to  be  approved 
by  an  official  to  be  designated  by  the  President  for  that  pur- 
pose ;  and  the  vendor  shall  have  a  lien  upon  the  rents  and 
profits  of  the  land  on  which  the  improvements  are  located  for 
the  purchase  money  remaining  unpaid ;  and  the  vendor  shall 
have  the  right  to  enforce  such  lien  in  any  court  of  competent 
jurisdiction.  The  vendor  may,  however,  elect  to  take  and  re- 
tain the  possession  of  the  land  at  a  fair  cash  rental,  to  be  ap- 
proved by  the  official  so  as  aforesaid  designated,  until  such 
rental  shall  be  sufficient  to  satisfy  the  unpaid  purchase  price, 
and  when  the  purchase  price  is  fully  paid  he  shall  forthwith 
deliver  possession  of  the  land  to  the  purchaser:  Provided, 
however,  That  any  crops  then  growing  on  the  land  shall  be  and 
remain  the  property  of  the  vendor,  and  he  may  have  access  to 
the  land  so  long  as  may  be  necessary  to  cultivate  and  gather 
such  growing  crops.  Any  such  purchaser  shall,  without  un- 
reasonable delay,  apply  to  select  as  an  allotment  the  land  upon 
which  the  improvements  purchased  by  him  are  located,  and 
shall  submit  with  his  application  satisfactory  proof  that  he  has 
in  good  faith  purchased  such  improvements. 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  au- 
thorized and  directed,  upon  the  sale  of  lands  in  Indian  Terri- 
tory covered  by  coal  and  asphalt  leases,  to  sell  such  lands  sub- 
ject to  the  right  of  the  lessee  to  use  so  much  of  the  surface  as 
may  be  needed  for  coke  ovens,  miners'  houses,  store  and  sup- 
ply buildings,  and  such  other  structures  as  are  generally  used 
in  the  production  and  shipment  of  coal  and  coke.  Lessees  may 
use  the  tipples  and  underground  workings  located  on  any  lease 
in  the  production  of  coal  and  coke  from  adjoining  leases,  and 


Ind.  App.  Act,  1904.  309 

are  hereby  authorized  to  surrender  leased  premises  to  the  own- 
er thereof  on  giving  sixty  days'  notice  in  writing  to  such  owner 
and  paying  all  charges  and  royalties  due  to  the  date  of  surren- 
der: Provided,  however,  That  nothing  herein  contained  shall 
release  the  lessee  from  the  payment  of  the  stipulated  royalty 
so  long  as  such  lessee  remains  in  possession  of  any  of  the  sur- 
face of  the  lands  included  in  his  lease  for  any  purposes  what- 
ever: And  provided,  That  any  lessee  may  remove  or  dispose 
of  any  machinery,  tools  or  equipment  the  lessee  may  have  upon 
the  leased  lands.     .     .     . 

All  unleased  lands  which  are  by  section  fifty-nine  of  an  Act 
entitled  "An  Act  to  ratify  and  confirm  an  agreement  with  the 
Choctaw  and  Chickasaw  tribes  of  Indians,  and  for  other  pur- 
poses," approved  July  first,  nineteen  hundred  and  two,  directed 
to  "be  sold  at  public  auction  for  cash,"  and  all  other  unleased 
lands  and  deposits  of  like  character  in  said  nations  segregated 
under  any  Act  of  Congress,  shall,  instead,  be  sold  under  direc- 
tion of  the  Secretary  of  the  Interior  in  tracts  not  exceeding 
nine  hundred  and  sixty  acres  to  each  person,  after  due  adver- 
tisement, upon  sealed  proposals,  under  regulations  to  be  pre- 
scribed by  the  Secretary  of  the  Interior  and  approved  by  the 
President,  with  authority  to  reject  any  or  all  proposals :  Pro- 
vided, That  the  President  shall  appoint  a  commission  of  three 
persons,  one  on  the  recommendation  of  the  principal  chief  of 
the  Choctaw  Nation  who  shall  be  a  Choctaw  by  blood,  and 
one  upon  the  recommendation  of  the  governor  of  the  Chickasaw 
Nation,  who  shall  be  a  Chickasaw  by  blood,  which  commis- 
sion shall  have  a  right  to  be  present  at  the  time  of  the  opening 
of  bids  and  be  heard  in  relation  to  the  acceptance  or  rejection 
thereof. 


310  Ind.  App.  Act,  1905. 


EXTRACTS   FROM 
INDIAN  APPROPRIATION   ACT. 

Approved  March   3,   1905. 

(33  Stat.  L.  1048.) 

Townsites — Intruders — Secretary  to  Supersede  Commission — 
Leases  by  Guardians,  etc. — Delaware-Cherokee  Indians — Ad- 
ditional Enrollment  of  Citizens — Appeals. 
To  pay  all  expenses  incident  to  completion  of  the  survey, 
platting,  and  appraisement  of  town  sites  in  the  Choctaw,  Chick- 
asaw, Creek,  and  Cherokee  Nations,  Indian  Territory,  under 
the  provisions  of  an  Act  of  June  twenty-eighth,  eighteen  hun- 
dred and  ninety-eight,  and  all  Acts  amendatory  thereof  or  sup- 
plemental thereto,  ten  thousand  dollars,  the  same  to  be  imme- 
diately available:  Provided,  That  the  several  town  site  com- 
missions in  the  Choctaw,  Chickasaw,  Creek  and  Cherokee  Na- 
tions shall,  upon  the  completion  of  the  appraisement  of  the 
town  lots  in  their  respective  nations,  be  abolished  by  the  Sec- 
retary of  the  Interior  at  such  time  as  in  his  judgment  it  is 
considered  proper;  mid  all  unfinished  work  of  such  commis- 
sions, the  sale  of  town  lots  at  public  auctions,  disposition  of 
contests,  the  determination  of  the  rights  of  claimants,  and  the 
closing  up  of  all  other  minor  matters  appertaining  thereto  shall 
be  performed  by  the  Secretary  of  the  Interior  under  such  rules 
and  regulations  as  he  may  prescribe:  Provided  further,  That 
all  unsold  lots,  the  disposition  of  which  is  required  by  public 
auction,  shall  be  offered  for  sale  and  disposed  of  from  time 
to  time  by  the  Secretary  of  the  Interior  for  the  best  obtainable 
price  as  will  in  his  judgment  best  subserve  the  interests  of  the 
several  tribes ;  and  the  various  provisions  of  law  in  conflict 

herewith  are  modified  accordingly 

That  the  work  of  completing  the  unfinished  business,  if  any, 
of  the  Commission  to  the  Five  Civilized  Tribes  shall  devolve 
upon  the  Secretary  of  the  Interior,  and  that  all  the  powers 
heretofore  granted  to  the  said  Commission  to  the  Five  Civilized 


Ind.  App.  Act,  1905.  311 

Tribes  are  hereby  conferred  upon  the  said  Secretary  on  and 
after  the  first  of  July,  nineteen  hundred  and  five. 

It  shall  be  the  duty  of  the  Secretary  of  the  Interior  to  in- 
vestigate, or  cause  to  be  investigated,  any  lease  of  allotted  land 
in  the  Indian  Territory  which  he  has  reason  to  believe  has  been 
obtained  by  fraud,  or  in  violation  of  the  terms  of  existing 
agreements  with  any  of  the  Five  Civilized  Tribes,  and 
he  shall  in  any  such  case  where  in  his  opinion  the  evidence 
warrants  it  refer  the  matter  to  the  Attorney-General  for  suit- 
in  the  proper  United  States  court  to  cancel  the  same,  and  in  all 
cases  where  it  may  appear  to  the  court  that  any  lease  was  ob- 
tained by  fraud,  or  in  violation  of  such  agreements,  judgment 
shall  be  rendered  canceling  the  same  upon  such  terms  and  con- 
ditions as  equity  may  prescribe,  and  it  shall  be  allowable  in 
cases  where  all  parties  in  interest  consent  thereto  to  modify 
any  lease  and  to  continue  the  same  as  modified :  Provided,  No 
lease  made  by  any  administrator,  executor,  guardian  or  cura- 
tor which  has  been  investigated  by  and  has  received  the  ap- 
proval of  the  United  States  court  having  jurisdiction  of  the 
proceeding  shall  be  subject  to  suit  or  proceeding  by  the  Sec- 
retary of  the  Interior  or  Attorney-General :  Provided  fur- 
ther, No  lease  made  by  any  administrator,  executor,  guardian, 
or  curator  shall  be  valid  or  enforcible  without  the  approval 

of  the  court  having  jurisdiction  of  the  proceeding 

That  in  the  case  entitled  "In  the  matter  of  enrollment  of 
persons  claiming  rights  in  the  Cherokee  Nation  by  intermar- 
riage against  The  United  States,  Departmental,  Numbered 
Seventy-six,"  now  pending  in  the  Court  of  Claims,  the  said 
Court  is  hereby  authorized  and  empowered  to  render  final  judg- 
ment in  said  case,  and  either  party  feeling  itself  aggrieved  by- 
said  judgment  shall  have  the  right  of  appeal  to  the  Supreme 
Court  of  the  United  States  within  thirty  days  from  the  filing 
of  said  judgment  in  the  Court  of  Claims.  And  the  said  Su- 
preme Court  of  the  United  States  shall  advance  said  case  on 
its  calendar  for  early  hearing. 

That  Delaware-Cherokee  citizens  who  have  made  improve- 
ments, or  were  in  rightful  possession  of  such  improvements 


312  Ind.  App.  Act,  1905. 

upon  lands  in  the  Cherokee  Nation  on  April  twenty-first,  nine- 
teen hundred  and  four  to  which  there  is  no  valid  adverse  claim, 
shall  have  the  right  within  six  months  from  the  date  of  the 
approval  of  this  Act  to  dispose  of  such  improvements  to  other 
citizens  of  the  Cherokee  Nation  entitled  to  select  allotments 
at  a  valuation  to  be  approved  by  an  official  to  be  designated 
by  the  President  for. that  purpose  and  the  amount  for  which 
said  improvements  are  disposed  of,  if  sold  according  to  the 
provisions  of  this  Act,  shall  be  a  lien  upon  the  rents  and  profits 
of  the  land  until  paid,  and  such  lien  may  be  enforced  by  the 
vendor  in  any  court  of  competent  jurisdiction :  Provided,  That 
the  right  of  any  Delaware-Cherokee  citizen  to  dispose  of  such 
improvements  shall,  before  the  valuation  at  which  the  improve- 
ments may  be  sold,  be  determined  under  such  regulations  as 
the  Secretary  of  the  Interior  may  prescribe. 

That  the  commission,  to  the  Five  Civilized  Tribes  is  hereby 
authorized  for  sixty  days  after  the  date  of  the  approval  of 
this  Act  to  receive  and  consider  applications  for  enrollment  of 
infant  children  born  prior  to  September  twenty-fifth,  nineteen 
hundred  and  two,  and  who  were  living  on  said  date,  to  citizens 
by  blood  of  the  Choctaw  and  Chickasaw  tribes  of  Indians  whose 
enrollment  has  been  approved  by  the  Secretary  of  the  Interior 
prior  to  the  date  of  the  approval  of  this  Act;  and  to  enroll  and 
make  allotments  to  such  children. 

That  the  Commission  to  the  Five  Civilized  Tribes  is  au- 
thorized for  sixty  days  after  the  date  of  the  approval  of  this 
Act  to  receive  and  consider  applications  for  enrollment  of 
children  born  subsequent  to  September  twenty-fifth,  nineteen 
hundred  and  two,  and  prior  to  March  fourth,  nineteen  hundred 
and  five,  and  who  were  living  on  said  latter  date,  to  citizens 
by  blood  of  the  Choctaw  and  Chickasaw  tribes  of  Indians 
whose  enrollment  has  been  approved  by  the  Secretary  of  the 
Interior  prior  to  the  date  of  the  approval  of  this  Act ;  and  to 
enroll  and  make  allotments  to  such  children. 

That  the  Commission  to  the  Five  Civilized  Tribes  is  au- 
thorized for  sixty  days  after  the  date  of  the  approval  of  this 


Ind.  App.  Act,  1905.  313 

Act  to  receive  and  consider  applications  for  enrollments  of 
children  born  subsequent  to  May  twenty-five,  nineteen  hundred 
and  one,  and  prior  to  March  fourth,  nineteen  hundred  and 
five,  and  living  on  said  latter  date,  to  citizens  of  the  Creek 
Tribe  of  Indians  whose  enrollment  has  been  approved  by  the 
Secretary  of  the  Interior  prior  to  the  date  of  the  approval  of 
this  Act;  and  to  enroll  and  make  allotments  to  such  children. 

That  the  Commission  to  the  Five  Civilized  Tribes  is  au- 
thorized for  ninety  days  after  the  date  of  the  approval  of  this 
Act  to  receive  and  consider  applications  for  enrollment  of  in- 
fant children  born  prior  to  March  fourth,  nineteen  hundred 
and  five,  and  living  on  said  latter  date,  to  citizens  of  the  Sem- 
inole tribe  whose  enrollment  has  been  approved  by  the  Secre- 
tary of  the  Interior ;  and  to  enroll  and  make  allotments  to  such 
children  giving  to  each  an  equal  number  of  acres  of  land,  and 
such  children  shall  also  share  equally  with  other  citizens  of 
the  Seminole  tribe  in  the  distribution  of  all  other  tribal  prop 
erty  and  funds 

That  the  provision  in  the  Indian  appropriation  bill  for  the 
fiscal  year  ending  June  thirtieth,  nineteen  hundred  and  four, 
authorizing  the  Secretary  of  the  Interior  to  sell  the  residue 
of  the  lands  of  the  Creek  Nation  not  taken  as  allotments  is 
hereby  repealed  and  the  provision  of  the  Creek  Agreement, 
Article  III,  approved  March  one,  nineteen  hundred  and  one, 
is  hereby  restored  and  re-enacted. 

That  the  Secretary  of  the  Interior  shall  make  an  investiga- 
tion and  definitely  ascertain  what  amount  of  land,  if  any,  be- 
longing to  the  Creek  Nation,  has  been  taken  and  allotted  to 
the  members  of  the  Seminole  tribe  and  arrange  payment  to 
the  Creek  Nation  for  such  land  if  there  be  anything  due  by 
the  Seminole  Nation. 

That  the  improvements  of  Seminole  citizens  upon  Creek 
lands  and  the  improvements  of  Creek  citizens  upon  Seminole 
lands  that  are  unpaid  for  by  said  allottees  shall  be  investigated 
by  the  Secretary  of  the  Interior  and  paid  for  by  said  nations, 
respectively 


314  Ind.  App.  Act,  1905. 

Sec.  12.  That  hereafter  all  appeals  and  writs  of  error  shall 
be  taken  from  the  United  States  Courts  in  the  Indian  Terri- 
tory to  the  United  States  court  of  appeals  in  the  Indian  Ter- 
ritory, and  from  the  United  States  court  of  appeals  in  the 
Indian  Territory  to  the  United  States  circuit  court  of  appeals 
for  the  eighth  circuit  in  the  same  manner  as  is  now  provided 
for  in  cases  taken  by  appeal  or  writ  of  error  from  the  circuit 
courts  of  the  United  States  to  the  circuit  court  of  appeals  of 
the  United  States  for  the  eighth  circuit. 

Martin  v.  United  States,  7  I.  T.  451,   104  S.  W.  G78,   1G8  Fed.   198. 

In  re  Terrell's  Estate,  G  I.  T.  412,  98  S.  W.  143. 

U.  S.  Fidelity  &  Guaranty  Co.  v.  Shirk,  7  I.  T.  83,  103  S.  W.  773. 

In  re  Ferryhill's  Estate,  7  I.  T.  593,  104  S.  W.  847 

Lewis  v.  Sittle.  7  I.  T.  602,   104  S.  W.  850,  165  Fed.   157. 

Muskogee  Land  Co.  v.  Blackburn,  20  Okla.  803,  95  Pac.  252. 

Porter  v.  Brook,  21  Okla.  885,  97  Pac.  G45. 

Bickford  v.  Bruce,  21  Okla.  892,  97  Pac.  648. 

Utterbaek  v.  Rock  Island  Plow  Co.,  22  Okla.  2G3,  97  Pac.  649. 

Parks  v.  City  of  Ada,  24  Okla.  168,  103  Pac.  607. 

Kelly  v.  McCombs,  23  Okla.  567,   102  Pac.   1S6. 

Eiverside  Oil  &  Gas  Co.  v.  Tulsa  Water,  Light,  Heat  &  Power  Co., 

24  Okla.  323,   103  Pac.  608. 
Paulter  v.   Manuel,   25   Okla.   59,   104   Pac.   749. 
Chouteau  v.  Chouteau,  25  Okla.  426,   106  Pac.  854. 
First  Nat']  Bank  v.  Jacobs,  26  Okla.  840,  111  Pac.  303. 
Lewis  v.  Sittle,  30  Okla.  530,   121   Pac.   1078. 
Morrison  v.  Burnette,  154  Fed.  617. 
United  States  v.  Allen,  171  Fed.  907,  179  Fed.  13. 
Laurel  Oil  Co.  v.  Morrison,  212  U.  S.  291,  52  L.  Ed.  517. 
Lowe.  v.  Fisher,  223  U.  S.  95,  56  L.  Ed.  364. 
Goat  v.  United  States,  224  U.  S.  458,  56  L.  Ed.  841. 


Ind.  App.  Act,  1906.  315 


EXTRACTS   FROM 
INDIAN  APPROPRIATION   ACT. 

Approved  June  21,   1906. 

(34  Stat.  L.  325.) 

Reservations — Completion   of   Rolls — Mississippi   Choctaws — Re- 
strictions Removed  for  Townsites. 

That  there  shall  be  reserved  from  allotment  one  acre  of  the 
unallotted  lands  of  the  Choctaw  and  Chickasaw  tribes  for 
each  church  under  the  control  of  or  used  exclusively  by  the 
Choctaw  or  Chickasaw  f reedmen ;  and  there  shall  be  reserved 
from  allotment  one  acre  of  said  lands  for  each  school  con- 
ducted by  Choctaw  or  Chickasaw  freedmen,  under  the  super- 
vision of  the  authorities  of  said  tribes  and  officials  of  the 
United  States,  and  patents  shall  issue,  as  provided  by  law,  to 
the  person  or  organization  entitled  to  receive  the  same.  There 
are  also  reserved  such  tracts  from  said  lands  as  the  Secretary 
of  the  Interior  may  approve  for  cemeteries;  and  such  ceme- 
teries may  be  reserved,  respectively,  for  Indians,  freedmen,  and 
whites,  as  the  Secretary  may  designate 

That  the  Commissioner  to  the  Five  Civilized  Tribes  is 
hereby  authorized  to  add  the  names  of  the  following  persons 
to  the  final  roll  of  the  citizens  by  blood  of  the  Choctaw  tribe: 
Malinda  Pickens,  Morris  Battiest,  and  Samuel  Sydney  Bur- 
ns ;  and  the  names  of  the  following  persons  to  the  final  roll 
of  the  citizens  by  blood  of  the  Chickasaw  tribe:  Rebecca 
Pitts,  Maggie  Wade ;  and  the  names  of  Nancy  Bigknife,  Alice 
Owen  and  her  children,  to  the  final  roll  of  the  citizens  by  blood 
of  the  Cherokee  tribe,  the  said  persons  being  either  Choctaw, 
Chickasaw,  or  Cherokee  Indians  by  blood,  whose  names 
through  neglect  on  their  part  or  on  the  part  of  their  parents, 
have  been  omitted  from  the  tribal  rolls :  Provided,  That  the 
•  enrollment  of  said  persons  by  the  Commissioner  to  the  Five 
Civilized  Tribes  shall  not  be  objected  to  by  the  said  tribes, 
and  shall  be  approved  by  the  Secretary  of  the  Interior. 


316  Ind.  App.  Act,  1906. 

That  the  Secretary  of  the  Interior  shall  upon  completion  of 
the  approved  rolls,  have  prepared  and  printed  in  a  permanent 
record  book  such  rolls  of  the  Five  Civilized  Tribes  and  that 
one  copy  of  such  record  book  shall  be  deposited  in  the  office 
of  the  recorder  in  each  of  the  recording  districts  for  public 
inspection.  That  any  person  who  shall  copy  any  roll  of  citi- 
zenship of  the  Creek,  Cherokee,  Choctaw,  Chickasaw,  or  Sem- 
inole tribes  of  Indians,  prepared  by  or  under  the  direction  of 
the  Secretary  of  the  Interior,  the  Commission  to  the  Five  Civ- 
ilized Tribes  or  the  Commissioner  to  the  Five  Civilized  Tribes, 
whether  completed  or  not,  or  any  person  who  shall,  directly 
or  indirectly,  exhibit,  sell,  offer  to  sell,  give  away,  offer  to 
give  away,  or  in  any  manner  or  by  any  means  offer  to  dispose 
of,  or  who  shall  have  in  his  possession,  any  such  roll  or  rolls, 
any  copy  of  the  same,  or  a  copy  of  any  portion  thereof,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  punished  by  impris- 
onment for  not  exceeding  two  years :  Provided,  That  this 
act  shall  not  apply  to  any  persons  authorized  by  the  Secretary 
of  the  Interior,  the  Commissioner  of  Indian  Affairs,  or  the 
Commissioner  to  the  Five  Civilized  Tribes  to  copy,  exhibit,  or 
use  such  rolls,  or  a  copy  thereof,  for  any  purpose  necessary 
or  required  by  law. 

No  distinction  shall  be  made  in  the  enrollment  of  full-blood 
Mississippi  Choctaws  who  have  been  identified  by  the  United 
States  Commission  to  the  Five  Civilized  Tribes,  and  who  had 
removed  to  the  Indian  Territory  prior  to  March  fourth,  nine- 
teen hundred  and  six,  and  who  shall   furnish  proof  thereof. 


That  section  two  of  the  Act  entitled  "An  Act  to  provide 
for  the  final  disposition  of  the  affairs  of  the  Five  Civilized 
Tribes  in  the  Indian  Territory,  and  for  other  purposes,"  ap- 
proved April  twenty-sixth,  nineteen  hundred  and  six,  be,  and 
the  same  is  hereby,  amended  by  striking  out  thereof  the  words 
"Provided  further,  That  nothing  herein  shall  be  construed  so 
as  to  hereafter  permit  any  person  to  file  an  application  for 
enrollment  in  any  tribe  where  the  date  for  filing  application 


Ind.  App.  xA.ct,  1906.  317 

has  been  fixed  by  agreement  between  said  tribe  and  the  United 
States :  Provided  further,  That  nothing  herein  shall  apply 
to  the  intermarried  whites  in  the  Cherokee  Nation  whose  cases 
are  now  pending  in  the  Supreme  Court  of  the  United  States." 
And  insert  in  said  Act  in  lieu  of  the  matter  repealed,  the  fol- 
lowing: Provided  further.  That  nothing  herein  shall  be  con- 
strued so  as  hereafter  to  permit  any  person  to  file  an  applica- 
tion for  enrollment  or  to  be  entitled  to  enrollment  in  any  of 
said  tribes,  except  for  minors  the  children  of  Indians  by  blood, 
or  of  freedmen  members  of  said  tribes,  or  of  Mississippi  Choc- 
taws  identified  under  the  fourteenth  article  of  the  treaty  of 
eighteen  hundred  and  thirty,  as  herein  otherwise  provided,  and 
the  fact  that  the  name  of  a  person  appears  on  the  tribal  roll 
of  any  of  said  tribes  shall  not  be  construed  to  be  an  applica- 
tion for  enrollment. 

That  section  fifteen  of  the  Act  entitled  "An  Act  to  provide 
for  the  final  disposition  of  the  affairs  of  the  Five  Civilized 
Tribes  in  the  Indian  Territory,  and  for  other  purposes,"  ap- 
proved April  twenty-sixth,  nineteen  hundred  and  six,  be,  and 
the  same  is  hereby,  amended  by  inserting  after  the  word  "con- 
veyances," at  the  end  of  said  section,  the  following:  "Pro- 
vided, That  this  section  shall  not  take  effect  until  the  date  of 
the  dissolution  of  the  tribal  governments  of  the  Choctaw, 
Chickasaw,  Cherokee,  Creek,  and  Seminole  tribes."     .... 

That  the  boundary  line  between  the  Creek  Nation,  Indian 
Territory,  and  the  Territory  of  Oklahoma,  as  surveyed  by 
Frederick  W.  Bardwell  in  eighteen  hundred  and  seventy-one, 
and  re-established  by  the  Geological  Survey  in  eighteen  hun- 
dred and  ninety-five  and  eighteen  hundred  and  ninety-six  is 
hereby  declared  to  be  the  west  boundary  line  of  the  Creek  Na- 
tion. 

•Spade  v.  Morton,  28  Okla.  384,   114  Pac.  724. 
Henry  Gas  Co.  v.  U.  S.,  101  Fed.  132. 
Gritts  v.  Fisher,  224  U.  S.  640,  50  L.  Ed.  028. 
Lawless  v.  Raddis,  129  Pae.  711. 


318  Ind.  Ait.  Act,  1907. 


EXTRACTS   FROM 
INDIAN   APPROPRIATION   ACT. 

Approved   March   1,   1007. 

(34  Stat.  L.  1015.) 

Indian  Agency  Notice — Choctaw-Chickasaw  Courts  Abolished — 
Extension  of  Restrictions — Newborn  Cherokees. 

The  filing  heretofore  or  hereafter  of  any  lease  in  the  office 
of  the  United  States  Indian  agent,  Union  Agency,  Muskogee, 
Indian  Territory,  shall  be  deemed  constructive  notice.     .     .     . 

That  upon  the  passage  of  this  Act  tribal  courts  of  the  Choc- 
taw and  Chickasaw  nations  shall  be  abolished,  and  no  officer 
of  said  courts  shall  thereafter  have  any  authority  whatever 
to  do  or  perform  any  act  theretofore  authorized  by  any  law 
in  connection  with  said  courts  or  to  receive  any  pay  for  the 
same ;  and  all  civil  and  criminal  causes  then  pending  in  anv 
such  court  in  said  nations  shall  be  transferred  to  the  proper 
United  States  court  in  said  Territory  by  filing  with  the  clerk  ni 
the  court  the  original  papers 

That  William  Brown  and  Levi  B.  Gritts,  on  their  own  be- 
half and  on  behalf  of  all  other  Cherokee  citizens,  hav- 
ing like  interests  in  the  property  allotted  under  the  Act 
of  July  first,  nineteen  hundred  and  two,  entitled  "An 
Act  to  provide  for  the  allotment  of  lands  of  the  Cher- 
okee Nation,  f or .  the  disposition  of  town  sites  therein, 
and  for  other  purposes,"  and  David  Muskrat  and  J.  Henry 
Dick,  on  their  own  behalf,  and  on  behalf  of  all  Cherokee  citi- 
zens enrolled  as  such  for  allotment  as  of  September  first,  nine- 
teen hundred  and  two,  be,  and  they  are  hereby,  authorized  and 
empowered  to  institute  their  suits  in  the  Court  of  Claims  to 
determine  the  validity  of  any  Acts  of  Congress  passed  since 
the  said  Act  of  July  first,  nineteen  hundred  and  two,  in  so  far 
as  said  Acts,  or  any  of  them,  attempt  to  increase  or  extend 
the  restrictions  upon  alienation,  encumbrance,  or  the  right  to 
lease  the  allotments  of  lands  of  Cherokee  citizens,  or  to  in- 


Ind.  App.  Act,  1908.  319 

crease  the  number  of  persons  entitled  to  share  in  the  final  dis- 
tribution of  lands  and  funds  of  the  Cherokees  beyond  those 
enrolled  for  allotment  as  of  September  first,  nineteen  hundred 
and  two,  and  provided  for  in  the  said  Act  of  July  first,  nine- 
teen hundred  and  two. 

And  jurisdiction  is  hereby  conferred  upon  the  Court  of 
Claims,  with  the  right  of  appeal,  by  either  party,  to  the  Su- 
preme Court  of  the  United  States,  to  hear,  determine  and 
adjudicate  each  of  said  suits. 

The  suits  brought  hereunder  shall  be  brought  on  or  before 
September  first,  nineteen  hundred  and  seven,  against  the 
United  States  as  a  party  defendant,  and  for  the  speedy  dispo- 
sition of  the  questions  involved,  preference  shall  be  given  to 
the  same  by  said  courts,  and  by  the  Attorney-General,  who  is 
hereby  charged  with  the  defense  of  said  suits. 

Eberle  v.  King,  20  Okla.  40,  93  Pac.  748. 

United  States  v.  Allen,   171   Fed.  907. 

Muskrat  v.  U.  S.,  219  U.  S.  346,  55  L.  Ed.  246. 


EXTRACTS   FROM 
INDIAN  APPROPRIATION   ACT. 

Approved  April  30,  1908. 

(35  Stat.  L.  70.) 

Secretary  to  Dispose  of  Tribal  Property — Contracts  with  Citizens. 

The  Secretary  of  the  Interior  shall  take  possession  of  all 
buildings  on  lands  belonging  to  the  Five  Civilized  Tribes,  now 
or  heretofore  used  for  governmental,  school,  or  other  tribal 
purposes,  together  with  the  furniture  therein  and  the  land  ap- 
pertaining thereto,  and  appraise  and  sell  the  same  at  such  time 
and  under  such  rules  and  regulations  as  he  may  prescribe  and 
deposit  the  proceeds,  less  expenses  incident  to  the  appraise- 
ment and  sale,  in  the  Treasury  of  the  United  States,  to  the 


320  Ind.  App.  Act,  [909. 

credit  of  the  tribes  respectively  owning  the  said  land  and  im- 
provements, and  immediately  after  any  such  sale  patents  for 
the  realty  thus  sold  shall  be  made  and  delivered  in  the  same 
manner  as  now  provided  by  law  for  other  tribal  property :  Pro- 
vided, That  when  practicable  preference  right  shall  be  given 
to  the  State,  counties  and  municipalities  of  Oklahoma  to  pur- 
chase said  lands  and  improvements  at  the  appraised  value : 
And  provided,  That  pending  such  appraisement  and  sale  the 
Secretary  of  the  Interior  may  temporarily  lease  said  buildings 
and  lands  for  the  benefit  of  the  tribes  respectively  to  which 

they  belong 

That  contracts  heretofore  or  hereafter  made  by  and  between 
persons  stricken  by  the  Secretary  of  the  Interior  from  the 
final  rolls  of  the  Five  Civilized  Tribes,  and  attorneys  employed 
by  them  to  secure  their  restoration  to  said  rolls,  shall  be  valid 
and  enforceable  when  approved  by  the  Secretary  of  the  In- 
terior in  their  original  or  in  such  modified  form  as  he  may 
deem  equitable  and  not  otherwise ;  and  such  contracts  as  are 
approved  as  herein  provided,  when  recorded  in  the  county 
where  such  land  is  located  shall  be  a  lien,  in  the  event  of  the 
restoration  of  such  persons  to  the  rolls  against  allotted  lands 
or  tribal  funds  of  the  persons  so  restored  to  or  given  rights 

upon  said  rolls 

United  States  v.  Allen,  171  Fed.  907. 


EXTRACTS  FROM 
INDIAN  APPROPRIATION  ACT. 

Approved  March  3,   1909. 

(35  Stat.  L.  781.) 

Commutation  of  Remnant  Allotments — Town  Lot  Payments. 

That  allottees  of  the  Cherokee,  Choctaw  and  Chickasaw  na- 
tions, having  remnant  allotments  due  them  of  not  exceeding  fif- 
ty dollars  in  value,  shall  be  paid  twice  the  value  thereof  in  lieu 


Ind.  App.  Act,  1909.  321 

of  such  allotment,  by  check  from  the  tribal  funds  of  their  re- 
spective tribes.  The  Secretary  of  the  Interior  is  directed  imme- 
diately after  July  first,  nineteen  hundred  and  nine  and  prior  to 
December  first,  nineteen  hundred  and  nine,  to  pay  allottees  out 
of  the  funds  of  the  Creek  Nation,  the  amounts  severally  due 
for  the  equalization  of  their  allotments.  In  making  such  pay- 
ment for  the  equalization  of  the  Creek  allotments  eight  hun- 
dred dollars  shall  be  taken  as  the  standard  value  of  an  allot- 
ment :  Provided,  That  the  payment  of  such  funds  for  the 
equalization  of  allotments  shall  be  a  final  and  conclusive  set- 
tlement of  all  claims  for  the  equalization  of  allotments  in  the 
Creek  Nation :  And  provided  further,  That  as  a  condition 
precedent  to  any  such  payment  the  Creek  National  Council 
shall  pass  an  Act,  in  form  approved  by  the  Secretary  of  the 
Interior,  discharging  the  United  States  from  all  claim  and 
demand  on  this  account. 

The  tribal  councils  when  meeting  shall  receive  compensa- 
tion only  for  the  length  of  time  authorized  by  the  Secretary 
of  the  Interior. 

The  town-lot  payments  in  default  shall  not  work  forfeiture 
if  payment,  with  ten  per  centum  interest  from  date  of  such  de- 
fault, is  made  before  December  first,  nineteen  hundred  and 
nine.  All  rights  to  acquire  land  for  allotment  by  Choctaw  and 
Chickasaw  freedmen  shall  cease  December  first,  nineteen  hun- 
dred and  ten.  The  surface  only  of  the  segregated  coal  and 
asphalt  lands  of  the  Choctaw  and  Chickasaw  nation  shall  be 
subject  to  condemnation  under  the  laws  of  the  State  of  Okla- 
homa for  state  penal  institutions,  county  and  municipal  pur- 
poses and  for  sewers  and  water  systems :  Provided,  That  the 
title  to  the  surface  of  any  lands  so  condemned  shall  revert  to 
the  Choctaw  and  Chickasaw  nation  upon  its  ceasing  to  be  used 
for  the  purpose  for  which  it  was  condemned  and  the  tribal 
relation  is  hereby  continued  for  such  purpose  and  no  title  to 
any  mineral  rights  in  said  lands  so  condemned  shall  be  ac- 
quired hereunder 

VCT21 


322  Ind.  Apr.  Acts,  1910,  191 1. 


EXTRACTS  FROM 
INDIAN   APPROPRIATION   ACT. 

Approved  April  4,  1910. 

(30  Stat.  L.  269.) 

Chickasaw  Freedmen  Remnant  Allotments. 

That  Chickasaw  freedmen  having  remnant  allotments  due 
them  of  not  exceeding  fifty  dollars  in  value  shall  be  paid  twice 
the  appraised  value  thereof  in  lieu  of  the  amount  necessary 
to  complete  their  allotments,  and  the  sum  of  twenty  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby  ap- 
propriated for  such  purpose:  Provided,  That  there  shall  be 
deducted  from  the  amount  awarded  the  Choctaw  and  Chicka- 
gaw  nations  under  section  forty  of  the  Act  of  July  first,  nine- 
teen hundred  and  two  (Thirty-second  Statutes,  six  hundred 
and  forty-one),  in  payment  of  allotments  to  Chickasaw  freed- 
men, an  amount  equal  to  the  sums  paid  such  Chickasaw  freed- 
men. 


EXTRACTS  FROM 
INDIAN   APPROPRIATION   ACT. 

Approved  March  3,  1911. 

(36  Stat.  L.  1058.) 

Deeds  to  Tribal  Lands — Tribal  Contracts. 

Section  17.  .  .  .  That  the  Secretary  of  the  Interior  be,  and 
he  is  hereby,  authorized  to  designate  an  employee  or  employees 
of  the  Department  of  the  Interior  to  sign,  under  the  direction 
of  the  Secretary,  in  his  name  and  for  him,  his  approval  of 
tribal  deeds  to  allottees,  to  purchasers  of  town  lots,  to  pur- 
chasers of  unallotted  lands,  to  persons,  to  corporations,  or  or- 
ganizations for  lands  reserved  to  them  under  the  law  for  their 
use  and  benefit,  and  to  any  tribal  deeds  made  and  executed 


Ind.  App.  Act,  19 12.  323 

according  to  law  for  any  of  the  Five  Civilized  Tribes  of  In- 
dians in  Oklahoma 

That  tribal  contracts  which  are  necessary  to  the  administra- 
tion of  the  affairs  of  the  Choctaw  and  Chickasaw  Tribes  of 
Indians  may  be  made  by  the  Secretary  of  the  Interior :  Pro- 
vided, That  contracts  for  professional  legal  services  of  attor- 
neys may  be  made  by  the  tribes  for  a  stipulated  amount  and 
period,  in  no  case  exceeding  one  year  in  duration  and  five  thou- 
sand dollars  per  annum  in  amount,  with  reasonable  and  neces- 
sary expenses  to  be  approved  and  paid  under  the  direction  of 
the  Secretary  of  the  Interior,  but  such  contracts  for  legal  serv- 
ices shall  not  be  any  validity  until  approved  by  the  Presi- 
dent  


EXTRACTS  FROM 
INDIAN   APPROPRIATION   ACT. 

Approved  August  24,    1912. 

Improvements — Coal  and  Asphalt  Lands — Cemeteries. 

To  enable  the  Secretary  of  the  Interior  to  make  the  appraise- 
ment and  sale  hereinafter  provided,  five  thousand  dollars:  Pro- 
vided, That  the  houses  and  other  valuable  improvements,  not 
including  fencing  and  tillage,  placed  upon  the  segregated  coal 
and  asphalt  lands  in  the  Choctaw  and  Chickasaw  Nations,  in 
Oklahoma,  by  private  individuals,  while  in  actual  possession 
of  said  land  and  prior  to  February  nineteenth,  nineteen  hun- 
dred and  twelve,  and  not  purchased  by  the  Indian  Nations, 
shall  be  appraised  independently  of  the  surface  of  the  land  on 
which  they  are  located  and  shall  be  sold  with  the  land  at  pub- 
lic auction  at  not  less  than  the  combined  appraised  value  of 
the  improvements  and  the  surface  of  the  land  upon  which 
they  are  located.  Said  improvements  shall  be  sold  for  cash 
and  the  appraisement  and  sale  of  the  same  shall  be  made  under 
the  direction  of  the  Secretary  of  the  Interior  and  ninety-five 


324  Tnd.  App.  Act,  1912. 

per  centum  of  the  amount  realized  from  the  sale  of  the  im- 
provements shall  be  paid  over  under  the  direction  of  the  Sec- 
retary of  the  Interior  to  the  owner  of  the  improvements  and 
the  appropriation  hereinbefore  made  for  this  purpose  shall 
be  reimbursed  out  of  the  five  per  centum  retained  from  the 
sale  of  the  said  improvements :  Provided,  That  any  improve- 
ments remaining  unsold  at  the  expiration  of  two  years  from 
the  time  when  first  offered  for  sale  shall  be  sold  under  such 
regulations  and  terms  of  sale,  independent  of  their  appraised 
value,  as  the  Secretary  of  the  Interior  may  prescribe :  Provided 
further,  That  persons  owning  improvements  so  appraised  may 
remove  the  same  at  any  time  prior  to  the  sale  thereof,  in  which 
event  the  appraised  value  of  the  improvements  and  land  shall 
be  reduced  by  deducting  the  appraised  value  of  the  improve- 
ments so  removed :  Provided  further,  That  this  section  shad 
not  apply  to  improvements  placed  on  said  lands  by  coal  and 
asphalt  lessees  for  mining  purposes,  but  improvements  located 
on  lands  leased  for  mining  purposes  belonging  to.  or  hereto- 
fore paid  for  by,  the  Choctaw  and  Chickasaw  Nations  shall 
be  appraised  and  the  appraised  value  thereof  shall  be  added 
to  the  appraised  value  of  the  land  at  the  time  of  the  sale :  Pro- 
vided further,  That  where  any  cemetery  now  exists  on  the  said 
segregated  coal  and  asphalt  lands,  the  surface  of  the  land  with- 
in said  cemetery,  together  with  the  land  adjoining  the  same, 
where  necessary,  not  exceeding  twenty  acres  in  the  aggregate 
to  any  one  cemetery,  and  where  a  church  was  in  existence  on 
said  lands  on  February  nineteenth,  nineteen  hundred  and 
twelve,  land  not  exceeding  one  acre  for  each  church  may,  in 
the  discretion  of  the  Secretary  of  the  Interior,  be  sold  to  the 
proper  partv,  association  or  corporation,  under  such  terms, 
conditions  and  regulations  as  he  may  prescribe,  provided  appli- 
cation to  purchase  the  same  for  such  purpose  is  made  within 
sixty  days  from  the  date  of  the  approval  of  this  Act. 

That  the  Act  of  Congress  approved  February  nineteenth, 
nineteen  hundred  and  twelve  (Public  Number  ninety-one), 
being  "An  Act  to  provide  for  the  sale  of  the  surface  of  the 


Ind.  App.  Act,  1912.  325 

coal  and  asphalt  lands  of  the  Choctaw  and  Chickasaw  Nations, 
and  for  other  purposes,"  be,  and  the  same  is  hereby,  amended 
to  provide  that  the  classification  and  appraisement  of  such  lands 
shall  be  completed  not  later  than  December  first,  nineteen  hun- 
dred and  twelve. 


LAWS  AFFECTING  THE  OSAGE 
NATION. 


EXTRACTS  FROM 
INDIAN  APPROPRIATION  ACT. 

Approved  March  3,  1905. 

(33  Stat.  L.  1061.) 

The  President  is  hereby  authorized,  in  his  discretion,  to  allot 
the  lands  of  any  tribes  of  Indians  to  the  individual  members 
thereof  whenever,  in  his  judgment,  it  is  advantageous  for  such 
Indians  that  such  allotments  be  made:  Provided,  That  any 
allotments  which  may  be  made  of  the  Osage  Reservation  in 
Oklahoma  Territory  shall  be  made  subject  to  the  terms  and 
conditions  of  the  lease  herein  authorized,  the  same  being  a 
renewal  as  to  a  part  of  the  premises  covered  by  a  certain  lease 
dated  March  sixteenth,  eighteen  hundred  and  ninety-six,  given 
by  the  Osage  Nation  of  Indians  to  Edwin  B.  Foster  and  ap- 
proved by  the  Secretary  of  the  Interior  and  now  owned  by 
the  Indian  Territory  Illuminating  Oil  Company  under  assign- 
ments approved  by  the  Secretary  of  the  Interior,  which  said 
lease  and  all  subleases  thereof  duly  executed  on  or  before 
December  thirty-first,  nineteen  hundred  and  four,  or  executed 
after  that  date  based  upon  contracts  made  prior  thereto,  and 
which  have  been  or  shall  be  approved  by  the  Secretary  of  the 
Interior,  to  the  extent  of  six  hundred  and  eighty  thousand  acres 
in  the  aggregate,  are  hereby  extended  for  the  period  of  ten 
years  from  the  sixteenth  day  of  March,  nineteen  hundred  and 
six,  with  all  the  conditions  of  said  original  lease  except  that 
from  and  after  the  sixteenth  day  of  March,  nineteen  hundred 
and  six,  the  royalty  to  be  paid  on  gas  shall  be  one  hundred 

(326) 


Ind.  App.  Act,  1905.  327 

dollars  per  annum  on  each  well,  instead  of  fifty  dollars  as  now 
provided  in  said  lease,  and  except  that  the  President  of  the 
United  States  shall  determine  the  amount  of  royalty  to  be  paid 
for  oil.  Said  determination  shall  be  evidenced  by  filing  with 
the  Secretary  of  the  Interior  on  or  before  December  thirty- 
first,  nineteen  hundred  and  five,  such  determination;  and  the 
Secretary  of  the  Interior  shall  immediately  mail  to  the  Indian 
Territory  illuminating  Oil  Company  and  each  sublessee  a  copy 
thereof. 

That  there  shall  be  created  an  Osage  Townsite  Commission 
consisting  of  three  members,  one  of  whom  shall  be  the  United 
States  Indan  Agent  at  the  Osage  Agency,  one  to  be  appointed 
by  the  Chief  Executive  of  the  Osage  tribe  and  one  by  the  Sec- 
retary of  the  Interior,  who  shall  receive  such  compensation  as 
the  Secretary  of  the  Interior  may  prescribe  to  be  paid  out  of 
the  proceeds  of  the  sale  of  the  lots  sold  under  this  Act. 

That  the  Secretary  of  the  Interior  shall  reserve  from  selec- 
tion and  allotment  the  south  half  of  section  four  and  the  north 
half  of  section  nine,  township  twenty-five  north,  range  nine 
east,  of  the  Indian  meridian,  including  the  town  of  Pawhuska, 
which,  except  the  land  occupied  by  the  Indian  school  buildings, 
the  agency  reservoir,  the  Agent's  office,  the  Council  building 
and  the  residences  of  agency  employees,  and  a  twenty-acre 
tract  of  land  including  the  Pawhuska  cemetery,  shall  be  sur- 
veyed, appraised  and  laid  off  into  lots,  blocks,  streets  and  al- 
leys by  said  Townsite  Commission,  under  rules  and  regula- 
tions prescribed  by  the  Secretary  of  the  Interior,  business  lots 
to  be  twenty-five  feet  wide  and  residence  lots  fifty  feet  wide, 
and  sold  at  public  auction,  after  due  advertisement,  to  the 
highest  bidder  by  said  Townsite  Commission,  under  rules  and 
regulations  as  may  be  prescribed  by  the  Secretary  of  the  In- 
terior, and  the  proceeds  of  such  sale  shall  be  placed  to  the 
credit  of  the  Osage  tribe  of  Indians :  Provided,  That  said  lots 
shall  be  appraised  at  their  real  value  exclusive  of  improve- 
ments thereon  or  adjacent  thereto,  and  the  improvements  ap- 
praised separately:     And  provided  further,  That  any  person, 


328  Ind.  App.  Act,  1905. 

church,  school  or  other  association  in  possession  of  any  of 
said  lots  and  having  permanent  improvements  thereon,  shall 
have  a  preference  right  to  purchase  the  same  at  the  appraised 
value,  but  in  case  the  owner  of  the  improvements  refuses  or 
neglects  to  purchase  the  same,  then  such  lots  shall  be  sold  at 
public  auction  at  not  less  than  the  appraised  value,  the  pur- 
chaser at  such  sale  to  have  the  right  to  take  possession  of  the 
same  upon  paying  the  occupant  the  appraised  value  of  the  im- 
provements. There  shall  in  like  manner  be  reserved  from  se- 
lection and  allotment  one  hundred  and  sixty  acres  of  land,  to 
conform  to  the  public  surveys,  including  the  buildings  now 
used  by  the  licensed  traders  and  others,  for  a  town  site  at  the 
town  of  Hominy;  and  the  south  half  of  the  northwest  quar- 
ter and  the  north  half  of  the  southwest  quarter  of  section 
seven,  township  twenty-four  north,  range  six  east,  for  a  town- 
site  at  the  town  of  Fairfax,  and  the  northeast  corner,  section 
thirteen,  township  twenty-four,  range  five  east,  consisting  of 
ten  acres,  to  be  used  for  cemetery  purposes :  and  two  town- 
sites  of  one  hundred  and  sixty  acres  each  on  the  line  of  the 
Midland  Valley  Railroad  Company  adjacent  to  stations  on  said 
line,  not  less  than  ten  miles  from  Pawhuska.  And  the  town 
lots  at  said  towns  of  Fairfax  and  Hominy  and  at  said  town 
sites  on  the  line  of  the  Midland  Valley  Railroad  shall  be  sur- 
veyed, appraised  and  sold  the  same  as  provided  for  town  lots 
in  the  town  of  Pawhuska. 


Osage  Recording  Act.  329 


OSAGE  RECORDING  ACT. 

Appi'oved  June  4,  190G. 

(34  Stat.  L.  208.) 

AN  ACT  PROVIDING  FOR  A  RECORDER  OP  DEEDS, 

AND  SO  FORTH,  IN  THE  OSAGE  INDIAN  RESERVATION, 

IN  OKLAHOMA  TERRITORY. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OE 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  Osage 
Indian  Reservation,  in  Oklahoma  Territory,  be,  and  the  same 
is  hereby,  declared  to  be  a  recording  district  for  the  purpose 
of  recording  and  filing  such  deeds,  mortgages,  and  other  in- 
struments in  writing  as  are  authorized  by  the  law  of  Oklahoma 
Territory  affecting  property  within  said  reservation.  And 
the  deputy  clerk  of  the  District  court  located  at  the  town  of 
Pawhuska,  on  the  said  reservation,  shall  be  ex  officio  register 
of  deeds.  As  compensation  for  services  the  said  recorder  is 
hereby  authorized  to  retain  the  fees  legally  collected  by  him 
for  the  recording  of  deeds  and  other  instruments,  up  to  and 
including  the  sum  of  one  thousand  eight  hundred  dollars  per 
annum,  and  the  fees  collected  by  him  shall  be  the  same  as  are 
charged  for  like  service  in  other  recording  districts  in  said 
Territory.  Said  recorder  shall  make  monthly  reports  to  the 
Secretary  of  the  Interior  of  the  fees  collected  by  him,  and 
said  Secretary  is  hereby  authorized  to  use  such  part  of  said 
fees  as  may  be  needed  for  the  purchase  of  records,  books,  sup- 
plies, and  expenses  of  said  office.  If  the  receipts  of  said  office 
exceed  the  said  sum  of  one  thousand  eight  hundred  dollars,  the 
said  excess  shall  be  turned  into  the  Treasury  of  the  United 
States.  This  Act  shall  not  be  construed  to  in  any  way  obligate 
the  government  to  pay  the  said  recorder  any  deficiency  below 
the  sum  of  one  thousand  eight  hundred  dollars  yearly. 

Section  2.  That  all  deeds,  papers,  and  other  instruments 
recorded  by  said  recorder   in  the  Osage  Nation  shall  have  the 


330  Osage  Allotment  Act. 

same  effect,  legally  or  otherwise,  as  if  recorded  in  the  record- 
ing office  of  any  regularly  organized  county  in  the  Oklahoma 
Territory :  Provided,  That  this  Act  shall  become  inoperative 
when  the  Osage  Reservation  shall  become  an  organized  county 
of  Oklahoma,  and  all  records  shall  be  turned  over  to  the  proper 
county  officer  whenever  such  county  is  organized. 


OSAGE  ALLOTMENT  ACT. 

Approved  June  28,  1906. 

(34  Stat.  L.  539.) 

AN    ACT   FOR    THE    DIVISON    OF   THE   LANDS    AND 

FUNDS  OF  THE  OSAGE  INDIANS  IN  OKLAHOMA  TERRITORY, 

AND  FOR  OTHER  PURPOSES. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMBLED,  That  the  roll  of 
the  Osage  tribe  of  Indians,  as  shown  by  the  records  of  the 
United  States  in  the  office  of  the  United  States  Indian  agent 
at  the  Osage  Agency,  Oklahoma  Territory,  as  it  existed  on 
the  first  day  of  January,  nineteen  hundred  and  six,  and  all 
children  born  between  January  first,  nineteen  hundred  and  six, 
and  July  first,  nineteen  hundred  and  seven,  to  persons  whose 
names  are  on  said  roll  on  January  first,  nineteen  hundred  and 
six,  and  all  children  whose  names  are  not  now  on  said  roll, 
but  who  were  born  to  members  of  the  tribe  whose  names  were 
on  the  said  roll  on  January  first,  nineteen  hundred  and  six,  in- 
cluding the  children  of  members  of  the  tribe  who  have,  or 
have  had,  white  husbands,  is  hereby  declared  to  be  the  roll  of 
said  tribe  and  to  constitute  the  legal  membership  thereof: 
Provided,  That  the  principal  chief  of  the  Osages  shall,  within 
three  months  from  and  after  the  approval  of  this  Act,  file 
with  the  Secretary  of  the  Interior  a  list  of  the  names  which 


Osage  Allotment  Act.  33 l 

the  tribe  claims  were  placed  upon  the  roll  by  fraud,  but  no 
name  shall  be  included  in  said  list  of  any  person  or  his  descend- 
ants that  was  placed  on  said  roll  prior  to  the  thirty-first  day  of 
December,  eighteen  hundred  and  eighty-one,  the  date  of  the 
adoption  of  the  Osage  constitution,  and  the  Secretary  of  the 
Interior,   as   early   as   practicable,   shall   carefully   investigate 
such  cases  and  shall  determine  which  of  said  persons,  if  any. 
are  entitled  to  enrollment;  but  the   tribe  must  affirmatively 
show  what  names  have  been  placed  upon  said  roll  by  fraud ; 
but  where  the  rights  of  persons  to  enrollment  to  the  Osage 
roll  have  been  investigated  by  the  Interior  Department  and  it 
has  been  determined  by  the  Secretary  of  the  Interior  that  such 
persons  were  entitled  to  enrollment,  their  names  shall  not  be 
stricken  from  the  roll   for   fraud  except  upon  newly  discov- 
ered evidence;  and  the   Secretary  of  the   Interior  shall  have 
authority  to  place  on  the  Osage  roll  the  names  of  all  persons 
found  by  him,  after  investigation,  to  be  so  entitled,  whose  ap- 
plications were  pending  on  the  date  of  the  approval  of  this 
Act;  and  the  said  Secretary  of  the  Interior  is  hereby  author- 
ized to  strike  from  the  said  roll  names  of  persons  or  their  de- 
scendants which  he  finds  were  placed  thereon  by  or  through 
fraud,  and  the  said  roll  as  above  provided,  after  the  revision 
and  approval  of  the  Secretary  of  the  Interior,  as  herein  pro- 
vided, shall  constitute  the  approved  roll  of  said  tribe ;  and  the 
action  of  the  Secretary  of  the  Interior  in  the  revision  of  the 
roll  as  herein  provided  shall  be  final,  and  the  provisions  of  the 
Act  of  Congress  of  August  fifteenth,  eighteen  hundred   and 
ninety-four,  Twenty-eighth  Statutes  at  Large,  page  three  hun- 
dred and  five,  granting  persons  of  Indian  blood  who  have  been 
denied  allotments  the  right  to  appeal  to  the  courts,  are  hereby 
repealed  as  far  as  the  same  relate  to  the  Osage  Indians;  and 
the  tribal  lands  and  tribal  funds  of  said  tribe  shall  be  equally 
divided  among  the  members  of  said  tribe  as  hereinafter  pro- 
vided. 

Sec.  2.     That  all  lands  belonging    to    the    Osage    tribe  of 
Indians  in  Oklahoma  Territory,   except  as  herein   provided, 


332  Osage  Allotment  Act. 

shall  be  divided  among  the  members  of  said  tribe,  giving  to 
each  his  or  her  fair  share  thereof  in  acres,  as  follows : 

First.  Each  member  of  said  tribe,  as  shown  by  the  roll  of 
membership  made  np  as  herein  provided,  shall  be  permitted  to 
select  one  hundred  and  sixty  acres  of  land  as  a  first  selection ; 
and  the  adult  members  shall  select  their  first  selections  and 
file  notice  of  the  same  with  the  United  States  Indian  agent  for 
the  Osages  within  three  months  after  the  approval  of  this  Act : 
Provided,  That  all  selections  of  lands  heretofore  made  by  any 
member  of  said  tribe,  against  which  no  contest  is  pending,  be, 
and  the  same  are  hereby,  ratified  and  confirmed  as  one  of  the 
selections  of  such  member.  And  if  any  adult  member  fails, 
refuses,  or  is  unable  to  make  such  selection  within  said  time, 
then  it  shall  be  the  duty  of  the  United  States  Indian  agent  for 
the  Osages  to  make  such  selection  for  such  member  or  mem- 
bers, subject  to  the  approval  of  the  Secretary  of  the  Interior. 
That  all  said  first  selections  for  minors  shall  be  made  by  the 
United  States  Indian  agent  for  the  Osages  subject  to.  the  ap- 
proval of  the  Secretary  of  the  Interior:  Provided,  That  said 
first  selections  for  minors  having  parents  may  be  made  by 
said  parents,  and  the  word  "minor"  or  "minors"  used  in  this 
Act  shall  be  held  to  mean  those  who  are  under  twenty-one 
years  of  age:  And  provided  further,  That  all  children  born 
to  members  of  said  tribe  between  January  first,  nineteen  hun- 
dred and  six,  and  the  first  day  of  January,  nineteen  hundred 
and  seven,  shall  have  their  selections  made  for  them  within 
six  months  after  approval  of  this  Act,  or  within  six  months 
after  their  respective  births.  That  all  children  born  to  mem- 
bers of  said  tribe  on  and  after  the  first  day  of  January,  nine- 
teen hundred  and  seven,  and  before  the  first  day  of  July,  nine- 
teen hundred  and  seven,  shall  have  their  selections  made  for 
them  on  or  before  the  last  day  of  July,  nineteen  hundred  and 
seven,  the  proof  of  birth  of  such  children  to  be  made  to  the 
United  States  Indian  agent  for  the  Osages. 

Second.  That  in  making  his  or  her  first  selection  of  land, 
as  herein  provided  for,  a  member  shall  not  be  permitted  to 


Osage  Allotment  Act.  333 

select  land  already  selected  by,  or  in  possession  of,  another 
member  of  said  tribe  as  a  first  selection,  unless  such  other 
member  is  in  possession  of  more  land  than  he  and  his  familv 
are  entitled  to  for  first  selections  under  this  Act ;  and  in  such 
cases  the  member  in  possession  and  having  houses,  orchards, 
barns,  or  plowed  land  thereon  shall  have  the  prior  right  to 
make  the  first  selection:  Provided,  That  where  members  of 
the  tribe  are  in  possession  of  more  land  than  they  are  entitled 
to  for  first  selections  herein,  said  members  shall  have  sixty 
days  after  the  approval  of  this  Act  to  dispose  of  the  improve- 
ments on  said  lands  to  other  members  of  the  tribe. 

Third.  After  each  member  has  selected  his  or  her  first  se- 
lection as  herein  provided,  he  or  she  shall  be  permitted  to  make 
a  second  selection  of  one  hundred  and  sixty  acres  of  land  in 
the  manner  herein  provided  for  the  first  selection. 

Fourth.  After  each  member  has  selected  his  or  her  second 
selection  of  one  hundred  and  sixty  acres  of  land  as  herein  pro- 
vided, he  or  she  shall  be  permitted  to  make  a  third  selection 
of  one  hundred  and  sixty  acres  of  land  in  the  manner  herein 
provided  for  the  first  and  second  selections :  Provided,  That 
all  selections  herein  provided  for  shall  conform  to  the  exist- 
ing public  surveys  in  tracts  of  not  less  than  forty  acres,  or  a 
legal  subdivision  of  a  less  amount,  designated  a  "lot."  Each 
member  of  said  tribe  shall  be  permitted  to  designate  which  of 
his  three  selections  shall  be  a  homestead,  and  his  certificate  of 
allotment  and  deed  shall  designate  the  same  as  a  homestead, 
and  the  same  shall  be  inalienable  and  nontaxable  until  other- 
wise provided  by  Act  of  Congress.  The  other  two  selections 
of  each  member,  together  with  his  share  of  the  remaining  lands 
allotted  to  the  member,  shall  be  known  as  surplus  land,  and 
shall  be  inalienable  for  twenty-five  years,  except  as  hereinafter 
provided. 

Fifth.  After  each  member  has  selected  his  or  her  first,  sec- 
ond, and  third  selections  of  one  hundred  and  sixty  acres  of 
land,  as  herein  provided,  the  remaining  lands  of  said  tribe  in 
Oklahoma  Territory,  except  as  herein  provided,  shall  be  di- 


334  Osage  Allotment  Act. 

vided  as  equally  as  practicable  among  said  members  by  a  com- 
mission to  be  appointed  to  supervise  the  selection  and  division 
of  said  Osage  lands. 

Sixth.  The  selection  and  division  of  lands  herein  provided 
for  shall  be  made  under  the  supervision  of,  or  by,  a  commission 
consisting  of  one  member  of  the  Osage  tribe,  to  be  selected  by 
the  Osage  council,  and  two  persons  to  be  selected  by  the  Com- 
missioner of  Indian  Affairs  subject  to  the  approval  of  the  Sec- 
retary of  the  Interior;  and  said  commission  shall  settle  all  con- 
troversies between  members  of  the  tribe  relative  to  said  selec- 
tions of  land ;  and  the  schedules  of  said  selections  and  division 
of  lands  herein  provided  for  shall  be  subject  to  the  approval 
of  the  Secretary  of  the  Interior.  The  surveys,  salaries  of  said 
commission,  and  all  other  proper  expenses  necessary  in  mak- 
ing the  selections  and  division  of  land  as  herein  provided  shall 
be  paid  by  the  Secretary  of  the  Interior,  out  of  any  Osage 
funds. derived  from  the  sale  of  town  lots,  royalties  from  oil, 
gas,  or  other  minerals,  or  rents  from  grazing  land. 

Seventh.  That  the  Secretary  of  the  Interior,  in  his  discre- 
tion, at  the  request  and  upon  the  petition  of  any  adult  member 
of  the  tribe,  may  issue  to  such  member  a  certificate  of  compe- 
tency, authorizing  him  to  sell  and  convey  any  of  the  lands 
deed  him  by  reason  of  this  Act,  except  his  homestead,  which 
shall  remain  inalienable  and  nontaxable  for  a  period  of  twenty- 
five  years,  or  during  the  life  of  the  homestead  allottee,  if  upon 
investigation,  consideration,  and  examination  of  the  request 
he  shall  find  any  such  member  fully  competent  and  capable  of 
transacting  his  or  her  own  business  and  caring  for  his  or  her 
own  individual  affairs :  Provided,  That  upon  the  issuance  of 
such  certificate  of  competency  the  lands  of  such  member  (ex- 
cept his  or  her  homestead)  shall  become  subject  to  taxation, 
and  such  member,  except  as  herein  provided,  shall  have  the 
right  to  manage,  control,  and  dispose  of  his  or  her  lands  the 
same  as  any  citizen  of  the  United  States :  Provided,  That 
the  surplus  lands  shall  be  nontaxable  for  the  period  of  three 
years  from  the  approval  of  this  Act,  except  where  certificates 


OsAge  Allotment  Act.  335 

of  competency  are  issued  or  in  case  of  the  death  of  the  allottee, 
unless  otherwise  provided  by  Congress :  And  provided  further, 
That  nothing  herein  shall  authorize  the  sale  of  the  oil,  gas, 
coal,  or  other  minerals  covered  by  said  lands,  said  minerals 
being  reserved  to  the  use  of  the  tribe  for  a  period  of  twenty- 
five  years,  and  the  royalty  to  be  paid  to  said  tribe  as  herein- 
after provided :  And  provided  further,  That  the  oil,  gas,  coal, 
and  other  minerals  upon  said  allotted  lands  shall  become  the 
property  of  the  individual  owner  of  said  land  at  the  expiration 
of  said  twenty-five  years,  unless  otherwise  provided  for  by  Act 
of  Congress. 

Eighth.  There  shall  be  reserved  from  selection  and  divi- 
sion, as  herein  provided,  one  hundred  and  sixty  acres  on  which, 
the  Saint  Louis  School,  near  Pawhuska,  is  located,  and  one 
hundred  and  sixty  acres  on  which  the  Saint  John's  School, 
on  Hominy  Creek,  Osage  Indian  Reservation,  is-  located,  said 
tracts  to  conform  to  the  public  surveys ;  and  said  tracts  of  land 
are  hereby  set  aside  and  donated  to  the  order  of  the  Sisters 
of  Saint  Francis;  and  said  tracts  shall  be  conveyed  to  said" 
order,  the  Sisters  of  Saint  Francis,  as  early  as  practicable,  by 
deed.  There  shall  also  be  reserved  from  selection  and  divi- 
sion forty  acres  of  land  near  Gray  Horse,  to  be  designated  by 
the  Secretary  of  the  Interior,  on  which  are  located  the  dwell- 
ing houses  of  John  N.  Florer,  Walter  O.  Florer,  and  John  L. 
Bird ;  and  said  John  N.  Florer  shall  be  allowed  to  purchase  said 
forty  acres  at  the  appraised  value  placed  thereon  by  the  Osage 
Allotting  Commission,  the  proceeds  of  the  sale  to  be  placed  to 
the  credit  of  the  Indians  and  to  be  distributed  like  other 
funds  herein  provided  for. 

Ninth.  There  shall  be  reserved  from  selection  and  division, 
as  herein  provided,  the  northeast  quarter  of  section  three, 
township  twenty-five,  range  nine  east,  of  the  Indian  meridian, 
and  one  and  sixty  acres  to  conform  to  the  public  survey  at  the 
town  of  Gray  Horse,  including  the  Government  doctor's  build- 
ing, other  valuable  buildings,  and  the  cemetery,  and  the  one 
hundred  and  sixty  acres  to  conform  to  the  public  survey,  ad- 


336  Osage  Allotment  Act. 

joining  or  near  the  town  site  of  Hominy;  said  lands  or  tracts 
are  hereby  set  aside  for  the  use  and  benefit  of  the  Osage  In- 
dians, exclusively,  for  dwelling  purposes,  for  a  perior  of  twen- 
ty-five years  from  and  after  the  first  day  of  January,  nineteen 
hundred  and  seven :  Provided,  That  said  land  may,  in  the  dis- 
cretion of  the  Osage  tribe,  be  sold  under  such  rules  and  regu- 
lations as  the  Secretary  of  the  Interior  may  prescribe ;  and 
the  proceeds  of  the  same  under  such  sale  shall  be  apportioned 
and  placed  to  the  credit  of  the  individual  members  of  the  tribe 
according  to  the  roll  herein  provided  for. 

Tenth.  The  Osage  Boarding  School  reserve  of  eighty-seven 
and  five-tenths  acres,  and  the  reservoir  reserve  of  seventeen 
and  three-tenths  acres,  and  the  agent's  residence  reserve,  to- 
gether with  all  the  buildings  located  on  said  reservations  in 
the  town  site  of  Pawhuska,  as  shown  by  the  official  plat  of 
the  same,  are  hereby  reserved  from  selection  and  division  as 
herein  provided ;  and  the  same  may  be  sold  in  the  discretion 
of  the  Osage  tribe,  under  such  rules  and  regulations  as  the 
Secretary  of  the  Interior  may  provide;  and  the  proceeds  of 
siich  sale  shall  be  apportioned  and  placed  to  the  credit  of  the 
individual  members  of  said  tribe  according  to  the  roll  herein 
provided  for. 

Eleventh.  That  the  United  States  Indian  agent's  office  build- 
ing, the  Osage  council  building,  and  all  other  buildings  which 
are  for  the  occupancy  and  use  of  Government  emplovees,  in 
the  town  of  Pawhuska,  together  with  the  lots  on  which  the 
said  buildings  are  situated,  shall  be  sold  to  the  highest  bidder 
as  early  as  practicable,  under  such  rules  and  regulations  as  the 
Secretary  of  the  Interior  may  prescribe ;  and  with  the  pro- 
ceeds he  shall  erect  other  suitable  buildings  for  the  uses  men- 
tioned, on  such  sites  as  he  may  select,  the  remaining  proceeds, 
if  any,  to  be  placed  to  the  credit  of  the  individual  members  of 
the  Osage  tribe  of  Indians :  Provided,  That  the  house  known 
as  the  chief's  house,  together  with  the  lot  or  lots  on  which  said 
house  is  located,  and  the  house  known  as  the  United  States 
interpreter's    house,    in    Pawhuska,    Oklahoma    Territory,   to- 


Osage  Allotment  Act.  337 

gether  with  the  lot  or  lots  on  which  said  houses  are  located, 
shall  be  reserved  from  sale  to  the  highest  bidder  and  shall  be 
sold  to  the  principal  chief  of  the  Osages  and  the  United  States 
interpreter  for  the  Osages,  respectively,  at  the  appraised  value 
of  the  same,  said  appraisement  to  be  made  by  the  Osage  town- 
site  commission,  subject  to  the  approval  of  the  Secretary  of  the 
Interior. 

Twelfth.  That  the  cemetery  reserve  of  twenty  acres  in  the 
town  site  of  Pawhuska,  as  shown  by  the  official  plat  thereof, 
is  hereby  set  aside  and  donated  to  the  town  of  Pawhuska  for 
the  purposes  of  sepulture,  on  condition  that  if  said  cemetery 
reserve  of  twenty  acres,  or  any  part  thereof,  is  used  for  pur- 
poses other  than  that  of  sepulture,  the  whole  of  said  cemetery 
reserve  of  twenty  acres  shall  revert  to  the  use  and  benefit  of 
the  individual  members  of  the  Osage  tribe,  according  to  the 
roll  herein  provided,  or  to  their  heirs ;  and  said  tract  shall  be 
conveyed  to  the  said  town  of  Pawhuska  by  deed,  and  said  deed 
shall  recite  and  set  out  in  full  the  conditions  under  which  the 
above  donation  and  conveyance  are  made. 

That  the  provisions  of  an  Act  entitled  "An  Act  making  ap- 
propriations for  the  current  and  contingent  expenses  of  the 
Indian  Department  and  for  fulfilling  treaty  stipulations  with 
various  Indian  tribes  for  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  six,  and  for  other  purposes,"  approved 
March  third,  nineteen  hundred  and  five,  relating  to  the  Osage 
Reservation,  pages  one  thousand  and  sixty-one  and  one  thou- 
sand and  sixty-two,  volume  thirty-three,  United  States  Stat- 
utes at  Large,  be,  and  the  same  are  hereby,  continued  in  full 
force  and  effect. 

Clawson  v.  Cottingham,  125  Pac.  1114. 
Neilson  v.  Alberty,  129  Pac.  847. 

Sec.  3.  That  the  oil,  gas,  coal,  or  other  minerals  covered  by 
the  lands  for  the  selection  and  division  of  which  provision  is 
herein  made  are  hereby  reserved  to  the  Osage  tribe  for  a  pe- 
riod of  twenty-five  years  from  and  after  the  eighth  day  of 

VCT22 


338  Osage  Allotment  Act. 

April,  nineteen  hundred  and  six;  and  leases  for  all  oil,  gas, 
and  other  minerals,  covered  by  selections  and  division  of  land 
herein  provided  for,  may  be  made  by  the  Osage  tribe  of  In- 
dians through  its  tribal  council,  and  with  the  approval  of  the 
Secretary  of  the  Interior,  and  under  such  rules  and  regula- 
tions as  he  may  prescribe :  Provided,  That  the  royalties  to  be 
paid  to  the  Osage  tribe  under  any  mineral  lease  so  made  shall 
be  determined  by  the  President  of  the  United  States :  And 
provided  further,  That  no  mining  of  or  prospecting  for  any 
of  said  mineral  or  minerals  shall  be  permitted  on  the  home- 
stead selections  herein  provided  for  without  the  written  con 
sent  of  the  Secretary  of  the  Interior:  Provided,  however, 
That  nothing  herein  contained  shall  be  construed  as  affecting 
any  valid  existing  lease  or  contract. 

Sec.  4.  That  all  funds  belonging  to  the  Osage  tribe,  and 
all  moneys  due,  and  all  moneys  that  may  become  due,  or  may 
hereafter  be  found  to  be  due  the  said  Osage  tribe  of  Indians, 
shall  be  held  in  trust  by  the  United  States  for  the  period  of 
twenty-five  years  from  and  after  the  first  day  of  January, 
nineteen  hundred  and  seven,  except  as  herein  provided : 

First.  That  all  the  funds  of  the  Osage  tribe  of  Indians,  and 
all  the  moneys  now  due  or  that  may  hereafter  be  found  to  be 
due  to  the  said  Osage  tribe  of  Indians,  and  all  moneys  that 
may  be  received  from  the  sale  of  their  lands  in  Kansas  under 
existing  laws,  and  all  moneys  found  to  be  due  to  said  Osage 
tribe  of  Indians  on  claims  against  the  United  States,  after 
all  proper  expenses  are  paid,  shall  be  segregated  as  soon  after 
Januarv  first,  nineteen  hundred  and  seven,  as  is  practicable  and 
placed  to  the  credit  of  the  individual  members  of  the  said 
Osage  tribe  on  a  basis  of  a  pro  rata  division  among  the  mem- 
bers of  said  tribe,  as  shown  by  the  authorized  roll  of  mem- 
bership as  herein  provided  for,  or  to  their  heirs  as  hereinafter 
provided,  said  credit  to  draw  interest  as  now  authorized  by 
law ;  and  the  interest  that  may  accrue  thereon  shall  be  paid 
quarterly  to  the  members  entitled  thereto,  except  in  the  case 
of  minors,  in  which  case  the  interest  shall  be  paid  quarterly  to 


Osage  Allotment  Act.  339 

the  parents  until  said  minor  arrives  at  the  age  of  twenty-one 
years:  Provided,  That  if  the  Commissioner  of  Indian  Affairs 
becomes  satisfied  that  the  said  interest  of  any  minor  is  being 
misused  or  squandered  he  may  withhold  the  payment  of  such 
interest :  And  provided  further,  That  said  interest  of  minors, 
whose  parents  are  deceased,  shall  be  paid  to  their  legal  guar- 
dians, as  above  provided. 

Second.  That  the  royalty  received  from  oil,  gas,  coal,  and 
other  mineral  leases  upon  the  lands  for  which  selection  and 
division  are  herein  provided,  and  all  moneys  received  from  the 
sale  of  town  lots,  together  with  the  buildings  thereon,  and  all 
moneys  received  from  the  sale  of  the  three  reservations  of  one 
hundred  and  sixty  acres  each  heretofore  reserved  for  dwelling 
purposes,  and  all  moneys  received  from  grazing  lands,  shall 
be  placed  in  the  Treasury  of  the  United  States  to  the  credit  of 
the  members  of  the  Osage  tribe  of  Indians  as  other  moneys 
of  said  tribe  are  to  be  deposited  under  the  provisions  of  this 
Act,  and  the  same  shall  be  distributed  to  the  individual  mem- 
bers of  said  Osage  tribe  according  to  the  roll  provided  for 
herein,  in  the  manner  and  at  the  same  time  that  payments  are 
made  of  interest  on  other  moneys  held  in  trust  for  the  Osages 
by  the  United  States,  except  as  herein  provided. 

Third.  There  shall  be  set  aside  from  the  royalties  received 
from  oil  and  gas  not  to  exceed  fifty  thousand  dollars  per  annum 
for  ten  years  from  the  first  day  of  January,  nineteen  hundred 
and  seven,  for  the  support  of  the  Osage  Boarding  School  and 
for  other  schools  on  the  Osage  Indian  Reservation  conducted 
or  to  be  established  and  conducted  for  the  education  of  Osage 
children. 

Fourth.  There  shall  be  set  aside  and  reserved  from  the 
royalties  received  from  oil,  gas,  coal,  or  other  mineral  leases, 
and  moneys  received  from  the  sale  of  town  lots,  and  rents, 
from  grazing  lands  not  to  exceed  thirty  thousand  dollars  per 
annum  for  agency  purposes,  and  an  emergency  fund  for  the 
Osage  tribe,  which  shall  be  paid  out  from  time  to  time,  upon 
the  requisition  of  the  Osage  tribal  council,  with  the  approval 
of  the  Secretary  of  the  Interior. 


340  Osage  Allotment  Act. 

Sec.  5.  That  at  the  expiration  of  the  period  of  twenty-five 
years  from  and  after  the  first  day  of  January,  nineteen  hundred 
and  seven,  the  lands,  mineral  interests,  and  moneys,  herein 
provided  for  and  held  in  trust  by  the  United  States  shall  be 
the  absolute  property  of  the  individual  members  of  the  Osage 
tribe,  according  to  the  roll  herein  provided  for,  or  their  heirs,  as 
herein  provided,  and  deeds  to  said  lands  shall  be  issued  to 
said  members,  or  to  their  heirs,  as  herein  provided,  and  said 
moneys  shall  be  distributed  to  said  members,  or  to  their  heirs, 
as  herein  provided,  and  said  members  shall  have  full  control 
of  said  lands,  moneys^  and  mineral  interests,  except  as  herein- 
before provided. 

Sec.  6.  That  the  lands,  moneys,  and  mineral  interests,  here- 
in provided  for,  of  any  deceased  member  of  the  Osage  tribe 
shall  descend  to  his  or  her  legal  heirs,  according  to  the  laws  of 
the  Territory  of  Oklahoma,  or  of  the  State  in  which  said  reser- 
vation may  be  hereinafter  incorporated,  except  where  the 
decedent  leaves  no  issue,  nor  husband  nor  wife,  in  which  case 
said  lands,  moneys,  and  mineral  interests  must  go  to  the  mother 
and  father  equally. 

Sec.  7.  That  the  lands  herein  provided  for  are  set  aside  for 
the  sole  use  and  benefit  of  the  individual  members  of  the  tribe 
entitled  thereto,  or  to  their  heirs,  as  herein  provided ;  and  said 
members,  or  their  heirs,  shall  have  the  right  to  use  and  to 
lease  said  lands  for  farming,  grazing,  or  any  other  purpose 
not  otherwise  specifically  provided  for  herein,  and  said  mem- 
bers shall  have  full  control  of  the  same,  including  the  proceeds 
thereof:  Provided,  That  parents  of  minor  members  of  the 
tribe  shall  have  the  control  and  use  of  said  minors'  lands,  to- 
gether with  the  proceeds  of  the  same,  until  said  minors  arrive 
at  their  majority :  And  provided  further,  That  all  leases 
given  on  said  lands  for  the  benefit  of  the  individual  members  of 
the  tribe  entitled  thereto,  or  for  their  heirs,  shall  be  subject 
onlv  to  the  approval  of  the  Secretary  of  the  Interior. 

Sec.  8.  That  all  deeds  to  said  Osage  lands  or  any  part 
thereof  shall  be  executed  by  the  principal  chief  for  the  Osages, 


Osage  Allotment  Act.  341 

but  no  such  deeds  shall  be  valid  until  approved  by  the  Secre- 
tary of  the  Interior. 

Sec  9.  That  there  shall  be  a  biennial  election  of  officers 
for  the  Osage  tribe  as  follows :  A  principal  chief,  an  assistant 
principal  chief,  and  eight  members  of  the  Osage  tribal  council 
to  succeed  the  officers  elected  in  the  year  nineteen  hundred 
and  six,  said  officers  to  be  elected  at  a  general  election  to  be  held 
in  the  town  of  Pawhuska,  Oklahoma  Territory,  on  the  first 
Monday  in  June;  and  the  first  election  for  said  officers  shall 
be  held  on  the  first  Monday  in  June,  nineteen  hundred  and 
eight,  in  the  manner  to  be  prescribed  by  the  Commissioner  of 
Indian  Affairs,  and  said  officers  shall  be  elected  for  a  period 
of  two  year,  commencing  on  the  first  day  of  July  following 
said  election,  and  in  case  of  a  vacancy  in  the  office  of  principal 
chief,  by  death,  resignation,  or  otherwise,  the  assistant  principal 
chief  shall  succeed  to  said  office,  and  all  vacancies  in  the  Osage 
tribal  council  shall  be  filled  in  a  manner  to  be  prescribed  by 
the  Osage  tribal  council,  and  the  Secretary  of  the  Interior  is 
hereby  authorized  to  remove  from  the  council  any  member 
or  members  thereof  for  good  cause,  to  be  by  him  determined. 

Sec.  10.  That  public  highways  or  roads,  two  rods  in  width, 
being  one  rod  on  each  side  of  all  section  lines,  in  the  Osage 
Indian  Reservation,  may  be  established  without  any  compensa- 
tion therefor. 

Mills  v.  Glasscock,  26  Okla.  123,  110  Pac.  377. 

Sec.  11.  That  all  lands  taken  or  condemned  by  any  railroad 
company  in  the  Osage  Reservation,  in  pursuance  of  any  Act  of 
Congress  or  regulation  of  the  Department  of  the  Interior,  for 
rights  of  way,  station  grounds,  side  tracks,  stock  pens  and  cattle 
yards,  water  stations,  terminal  facilities,  and  any  other  rail- 
road purpose,  shall  be,  and  are  hereby,  reserved  from  selection 
and  allotment  and  confirmed  in  such  railroad  companies  for 
their  use  and  benefit  in  the  construction,  operation,  and  mainte- 
nance of  their  railroads :  Provided,  That  such  railroad  compan- 
ies shall  not  take  or  acquire  hereby  any  right  or  title  to  any  oil, 
gas,  or  other  mineral  in  any  of  said  lands. 


342  Act  March  3 — Joint  Res.  Feb.  27,  1909. 

Sec.  12.  That  all  things  necessary  to  carry  into  effect  the 
provisions  of  this  Act  not  otherwise  herein  specifically  provided 
for  shall  be  done  under  the  authority  and  direction  of  the  Sec- 
retary of  the  Interior. 

United   States  v.   Aaron,   183   Fed.   347. 

United  States  Board  of  Co.  C'om'rs,  193  Fed.  485. 


Act  of  Congress,  Approved  March  3,   1009. 

(35  Stat.  L.  77.) 

AN   ACT   AUTHORIZING   THE   SECRETARY  OF   THE 

INTERIOR  TO  SELL  PART  OR  ALL  OF  THE  SURPLUS  LANDS 

OF  MEMBERS   OF  THE   KAW  OR   KANSAS   AND  OSAGE   TRIBES 

OF  INDIANS  IN  OLAHOMA,  AND  FOR   OTHER  PURPOSES. 

BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 
AMERICA  IN  CONGRESS  ASSEMLED,  That  the  Secre- 
tary of  the  Interior  be,  and  he  hereby  is,  authorized  and  em- 
powered, upon  application,  to  sell,  under  such  rules  and  regula- 
tions as  he  may  prescribe,  part  or  all  of  the  surplus  lands  of 
any  member  of  the  Kaw  or  Kansas  and  Osage  tribes  of  Indians 
in  Oklahoma :  Provided,  That  the  sales  of  the  Osage  lands  shall 
be  subject  to  the  reserved  rights  of  the  tribe  in  oil,  gas,  and 
other  minerals. 


JOINT  RESOLUTION  NO.    19. 

Approved  February  27,   1909. 

(35  Stat.  L.  1167.) 

JOINT   RESOLUTION   RELATIVE   TO   HOMESTEAD 

DESIGNATIONS,  MADE  AND  TO  BE  MADE,  OF  MEMBERS 

OF  THE  OSAGE  TRIBE  OF  INDIANS. 

RESOLVED  BY  THE  SENATE  AND  HOUSE  OF 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF 


Act  of  March  3,  191 1.       •  343 

AMERICA  IN  CONGRESS  ASSEMBLED,  That  home- 
steads of  members  of  the  Osage  Tribe  of  Indians  in  Okla- 
homa may  consist  of  land  designated  from  any  one  or  more 
of  their  first  three  allotment  selections  taken  under  the  Act 
of  Congress  approved  June  twenty-eighth,  nineteen  hundred 
and  six,  entitled,  "An  Act  for  the  division  of  the  lands  and 
funds  of  the  Osage  Indians  in  Oklahoma  Territory,  and  for 
other  purposes,"  the  designation  thereof  to  be  subject  to  ap- 
proval by  the  Secretary  of  the  Interior. 


EXTRACT   FROM 
INDIAN  APPROPRIATION  ACT, 

Approved  March  3,  1911. 

(36  Stat.  L.  1002.) 

That  the  Secretary  of  the  Interior  shall  close  the  account 
known  as  the  civilization  fund  created  by  article  one  of  the 
treaty  with  the  Osage  Indians,  dated  September  twenty-ninth, 
eighteen  hundred  and  sixty-five  (Fourteenth  Statutes  at 
Large,  page  six  hundred  and  eighty-seven),  and  cause  the 
balance  of  any  unexpended  moneys  in  that  fund  to  be  covered 
into  the  Treasury,  and  thereafter  it  shall  not  be  withdrawn 
or  applied  except  in  consequence  of  a  subsequent  appropria- 
tion by  law;  and  that  section  eleven  of  the  Indian  appropria- 
tion Act  for  the  fiscal  year  eighteen  hundred  and  ninety-eight, 
approved  June  seventh,  eighteen  hundred  and  ninety-seven 
(Thirtieth  Statutes  at  Large,  page  ninety-three),  is  hereby 
repealed. 


INDIAN  LAWS  OF  DESCENT. 


CREEK  NATION. 
Laws  of  the  Creek  Nation,  Compilation  of  1880. 
SECTION  8  OF  ARTICLE  10,  CHAPTER  X. 

Administration  of  Property. 

The  lawful  or  acknowledged  wife  of  a  deceased  husband 
shall  be  entitled  to  cne-half  of  the  estate,  if  there  are  no  other 
heirs,  and  an  heir's  part,  if  there  should  be  other  heirs,  in  all 
cases  where  there  is  no  will.  The  husband  surviving  shall  in- 
herit of  a  deceased  wife  in  like  manner. 

SECTION   1    OF  ARTICLE    11,   CHAPTER  XII. 
Unrecognized  Offspring. 

Should  any  person  or  persons  appear,  claiming  to  be  the 
child  or  children  of  any  deceased  male  citizen  of  this  Nation, 
should  it  be  proved  that  such  deceased  citizen  did  not  during 
life  recognize  such  person  or  persons  as  offspring,  then  such 
persons  shall  not  be  entitled  to  any  share  in  the  estate  of  the 
deceased. 

Civil  Laws,  Approved  October  12,  1867,  and  not  repealed. 

6.  Be  it  further  enacted,  That  if  any  person  die  without 
a  will,  having  property  and  children,  the  property  shall  be 
equally  divided  among  the  children  by  disinterested  persons ; 
and  in  all  cases  where  there  are  no  children,  the  nearest  rela- 
tion shall  inherit  the  property. 

(344) 


Indian  Laws  of  Descent.  345 

Laws  of  the  Creek  Nation,  Perryman   Compilation  of   1890. 

(Same  as  the  above  quoted  Sections  from  the   Compilation  of   1880.) 

Laws  of  the  Creek  Nation,  McKellop  Compilation  of  1893. 

Chapter  XIV.     Wills  and  Administration. 

Section  258.  If  any  person  claim  to  be  the  child  of  a  de- 
ceased male  person,  and  it  should  be  proven  that  such  person 
did  not,  during  life,  recognize  the  claimant  as  his  offspring, 
then  such  claimant  shall  not  be  entitled  to  any  share  in  the 
estate  of  the  deceased. 

Sec.  267.  The  lawful  or  acknowledged  wife  of  a  deceased 
husband  shall  be  entitled  to  one-half  of  the  estate,  if  there  are 
no  children,  and  a  child's  part,  if  there  should  be  children,  in 
all  cases  where  there  is  no  will.  The  husband  surviving  shall 
inherit  of  deceased  wife  in  like  manner. 


CHOCTAW  NATION. 

Laws  of  the  Choctaw  Nation,  Compiled  by  A.  K.   Durant. 

Judicial  Department. 

Section  VI.    County  Courte  and  Courts  of  Probate. 

12.  The  property  of  all  persons  who  die  intestate,  or  with- 
out a  will,  shall  descend  to  his  legal  wife,  or  husband,  and 
their  children ;  and  in  case  such  deceased  person  has  neither 
wife,  nor  husband,  nor  children,  his  or  her  grandchildren  (if 
any)  shall  inherit  the  estate;  and  in  case  there  is  no  grand- 
child the  father  or  mother  of  such  deceased  person,  or  either 
of  them  shall  heir  the  estate;  and  in  case  such  deceased  per- 
son has  neither  wife,  nor  husband,  children  or  grandchildren, 
or  father  or  mother,  his  or  her  estate  shall  go  to  his  or  her 
brothers  and  sisters,  and  if  none,  to  their  lawful  children. 
Should  there  be  none  of  the  above  mentioned  relatives  to  the 


346  Indian  Laws  of  Descent. 

intestate  deceased  person,  the  estate  shall  descend  to  the  half 
brothers  and  sisters  of  the  deceased  person  and  to  their  legal 
issue. 


CHICKASAW  NATION. 

An  Act  in  Relation  to  the  Descent  of  Property. 

Approved  187G. 

1.  Be  it  enacted  by  the  Legislature  of  the  Chickasaw  Na- 
tion, That  from  and  after  the  passage  of  this  Act,  the  prop- 
erty of  all  persons  who  die  intestate  or  without  a  will,  shall 
descend  to  the  legal  wife  or  husband,  and  their  children. 

2.  Be  it  further  enacted,  that  in  case  such  deceased  person 
has  neither  wife,  nor  husband,  nor  children  his  or  her  grand- 
children  (if  any),  shall  inherit  the  estate. 

3.  Be  it  further  enacted,  that  in  case  there  be  no  grand- 
children, then  the  brother  or  sister  shall  inherit  the  estate,  and 
the  next  of  kin  shall  be  the  father  and  mother,  or  either  of 
them. 

4.  Be  it  further  enacted,  that  in  case  such  person  had 
neither  wife  nor  husband,  children  or  grandchildren,  brother 
or  sister,  father  or  mother,  then  the  property  shall  descend  to 
the  half  brothers  and  sisters  of  the  deceased  and  their  legal 
issue. 


Indian  Laws  of  Descent.  347 


CHEROKEE  NATION. 

Laws  of  the  Cherokee  Nation,  Compilation  of  1892. 

Chapter  IX,  Article  IV. 

Descent  of  Property. 

Section  518.  Whenever  any  person  shall  die  possessed 
of  property  not  devised,  the  same  shall  descend  in  the  follow- 
ing order,  to  wit: 

1st.  In  equal  parts  to  the  husband  or  wife,  and  the  chil- 
dren of  such  intestate,  and  their  descendants ;  the  descendants 
of  a  deceased  child,  or  grandchild,  to  take  the  share  of  the 
deceased  parent  equally  among  them. 

2nd.  To  the  father  and  mother  equally,  or  to  the  survivor 
of  them. 

3rd.  In  equal  parts  to  the  brothers  and  sisters  of  such  in- 
testate, and  their  descendants ;  the  descendants  of  brothers 
and  sisters,  to  take  the  share  of  the  deceased  parent  equally 
among  them. 

4th.  When  there  are  none  of  the  foregoing  persons  to  in- 
herit, the  property  of  such  deceased  person  shall  go  to  his 
next  of  kin  by  blood.  Kindred  of  the  whole  and  half  blood, 
in  the  same  degree,  shall  inherit  equally. 

5th.  The  property  of  intestates,  who  have  no  surviving 
relative  to  inherit  as  above,  shall  escheat  to  the  treasury  of 
the  Nation,  to  be  placed  to  the  credit  of  the  orphan  fund. 


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